fil l I III I I 'III 



SCHOOL 



I 



LAWS 



OF THE 



STATE OF OHIO 



WITH CITATIONS 
AND BLANK FORMS 



1910 



JOHN W. ZELLER 

STATE COMMISSIONER OF COMMON SCHOOLS 



OISIG 






OHIO 



SCHOOL LAWS 



IN FORCE MAY 23, 1910. 



BASED ON THE GENERAL CODE OF OHIO 
AS AMENDED TO DATE. 



BLANK FORMS AND DIRECTIONS TO SERVE AS 
A GUIDE FOR SCHOOL OFFICERS 
AND TEACHERS. 



COMPILED UNDER THE DIRECTION OF 

JOHN W. ZELLER 

STATE COMMISSIONER OF COMMON SCHOOLS 



COLUMBUS, OHIO: 

The F. J. Heer Printing Co. 

19 10 






D. or o. 

0GT31 m 



PREFACE. 



This edition of the Ohio School Laws is issued in accordance with 
sections 356 and 357 of the General Code of Ohio, passed February 14, 
1910. 

These sections makes it the duty of the Commissioner to have 
printed and distributed as many copies of the law as he deems necessary 
for the use of the school officers in the State, as often as any change in 
the laws is made of sufficient importance to require a re-publication and 
distribution thereof. 

The "New School Code" was adopted April 25, 1904, and the last 
issue of school laws was made July 12, 1906. That edition was ex- 
hausted when I came to the office. 

There are, at least, two reasons for the necessity of this new issue. 

The Codifying Commission, appointed three years ago, made its 
final report to the last session of the 78th General Assembly, which re- 
port was adopted February 14, 1910. 

This Commission, composed of three able men, in their arduous 
work of codification, found it necessary to re-classify the laws, to make 
clear and definite obscure and indefinite expressions, to cut up long sec- 
tions containing a half-dozen independent matters and place them in as 
many different sections, and to do other work which was necessary to 
make our laws more intelligible and more valuable to our people. 

The Commission succeeded admirably in this work. This re- 
classification is the second necessity for the present issue. Then, too, 
quite a number of new school laws and amendments have been added to 
our school laws, during the last four years, with which our school officials 
and teachers should be familiar. 

To facilitate the use of this edition you will find a table of contents 
at the beginning of this volume and a cross index at the close. 

You will also find valuable citations from the decisions of courts in 
this and other states, on many of the sections which throw much light 
on their meaning. For illustration, under Section 4750 which gives 
Boards of Education authority to make rules and regulations for the 
proper management of their schools, you will find sufficient court cita- 
tions to guide you safely in the matter of punishment and management 
of disobedient pupils. 

I deem it my duty to issue a sufficient number of copies so that not 
only the presidents and clerks of the boards of education may have 
copies, but that all other school officials and the superintendents of the 
city, village, and township districts may be supplied. 

I trust that school men will become more familiar with our school 
laws. It is one of the functions of the superintendent to ksep his board 
informed on school laws. He can render valuable service in many ways 
when he is familiar with the school code. 

This volume is sent forth in the hope that it will be helpful to school 
officials and teachers in the discharge of their duties. 

John W. Zeller, 

Commissioner. 

May 24, 19 10. 



TABLE OF CONTENTS 



PAGE 

Constitution of Ohio relating to Public Schools 7 



PART FIRST— POLITICAl . 

Title I. Preliminary — 

Chapter I. General Provisions 11 

Title III. Executive. 

Division I. Elective State Officers. 

Chapter 6. State Commissioner of Common Schools 13 

Title IV. Judicial. 

Chapter 8. Juvenile Court 17 

Title XIII. Public School Districts. 

Chapter 1. Classification of Districts 29 

Chapter 2. City School Districts 34 

Chapter 3. Village School Districts 37 

Chapter 4. Township School Districts 33 

Chapter 5. Special School Districts 42 

Chapter 6. Boards of Education 45 

Chapter 7. Treasurer and Clerk 54 

Title XIV. Public Elections ' 60 

PART SECOND - CIVIL. 

Title V. Public Schools. 

Chapter 1. School Funds : 65 

Chapter 2. School Houses and Libraries 77 

Chapter 3. Schools and Attendance 87 

Chapter 4. Compulsory Education H7 

Chapter 5. Reports ' 126 

Chapter 6. Enumeration ' 12 9 

Chapter 7. Examiners 133 

Chapter 8. Teachers' Institutes 148 

Chapter 9. Teachers' Pensions 252 

Chapter 10. Normal Schools ' [ 157 

Chapter 11. Colleges and Universities 160 

Chapter 12. Schools Specially Endowed 179 

Title IX. Private Corporations. 

Division VI. Corporations not for Profit. 

Chapter 3. Educational 182 

Appendix. 

Forms and Instructions ±gg 

House Bill No. 64 214 

lNDEX 215 



CONSTITUTION OF OHIO 



RELATING TO 

PUBLIC SCHOOLS 



ARTICLE I. 



Section 7. * * * Religion, morality and knowl- o f the rights 
edge, however, being essential to good government, it shall SUcessityTof 6 ' 
be the duty of the general assembly to pass suitable laws ^Sg^ 6 
to protect every religious denomination in the peaceable 
enjoyment of its own mode of public worship, and to 
encourage schools and the means of instruction. 

"The system of public education in Ohio is the creature of the Con- 
stitution and statutory laws of the state. It is left to the discretion of the 
general assembly in the exercise of the general legislative power conferred 
upon it (Art. II, § 1), to determine what laws are 'suitable' to secure the 
organization and management of the contemplated system of common schools, 
without express restriction, except that 'no religious or other sect or sects 
shall ever have any exclusive right to, or control of, any part of the school 
funds of this state.' " 21 O. S., 198-205; Day, J. 

The compulsory education law comes within this section. 5 C. C, 645. 

ARTICLE II. 



uniform 
operation. 



Section 26. All laws of a general nature, shall have Laws having 
a uniform operation throughout the state; nor, shall any 
act, except such as relates to public schools, be passed, 
to take effect upon the approval of any other authority 
than the general assembly, except, as otherwise provided 
in this Constitution. 

ARTICLE VI. 

Section i. The principal of all funds, arising from Funds for ed . 

the sale, or other disposition of lands, or other property, "^i. 0031 and 
, . , . P • 1 1 religious pur- 

granted or intrusted to this state for educational and poses. 

religious purposes, shall forever be preserved inviolate and 

undiminished ; and, the income arising therefrom, shall 

be faithfully applied to the specific objects of the original 

grant, or appropriations. 

Section 2. The general assembly shall make such 
provisions, by taxation, or otherwise, as, with the income 
arising from the school trust fund, will secure a thorough 
and efficient system of common schools throughout the 
state; but no religious or other sect, or sects, shall ever 
have any exclusive right to, or control of, any part of 
the school funds of this state. 

Religious instruction, or the reading of the Bible in the public schools, 
is not required by the Constitution. The board of education have the sole 
management of the schools, and the courts cannot direct what instruction 
shall be given or what books read. 23 O. S., 211. 

A requirement of a board of education that the Bible be read in the 
schools as an opening exercise cannot be interfered with by the courts, and 
is not in violation of any constitutional rights. 1 N. P.. 140. 

It is an unlawful diversion of the school funds of the state of Ohio for 
a board of education to authorize the teaching of religion as a regular branch 
of study. Attorney General. 



School funds. 



S CONSTITUTION OF OHIO RELATING TO PUBLIC SCHOOLS. 



ARTICLE XII. 

Taxation by Section 2. Laws shall be passed, by taxing by a 

uniform rule, uniform rule, all moneys, credits, investments in bonds, 
stocks, joint stock companies, or otherwise; and also all 
real and personal property, according to its true valne in 
money; but burying grounds, public school houses, houses 
used exclusively for public worship, institutions of purely 
public charity, public property used exclusively for any 
public purpose, and personal property, to an amount not 
exceeding in value two hundred dollars, for each individ- 
ual, may, by general laws, be exempted from taxation ; but 
all such laws shall be subject to alteration or repeal; and 
the value of all property, so exempted, shall, from time to 
time, be ascertained and published, as may be directed 
"by law. 

School property is not liable to assessment for street improvement; nor 
can a judgment be rendered against the board of education for the payment 
of the assessment out of its contingent fund. . 48 O. S., 83. 

Sidewalk — School property not assessable for. 48 O. S., 87. 



PART FIRST 



POLITICAL 

9 



TITLE I. PRELIMINARY 



CHAPTER 1. 

.GENERAL PROVISIONS. 

INTERPRETATION OF STATUTES. 

Section 27. In the interpretation of parts first and 
second, unless the context shows that another sense was 
intended, the word "bond" includes an "undertaking", and 
the word "undertaking" includes a "bond" ; "and" may 
be read "or", and "or" read "and", if the sense requires 
it; words of the present include a future tense, in the 
masculine, include the feminine and neuter genders, and 
in the plural include the singular and in the singular in- 
clude the plural number ; but this enumeration shall not 
be construed to require a strict construction of other words 
in such parts, or in this code. (R. S. Sec. 23.) 

A construction which gives effect to every section and cliuse must 
be favored. 1 O., 381, 385; 2 O., 3!).', 398; 17 O. S., 52, 63; 3 O., 187, 193; 
5 O., 147, 151. 

"A statute should be so construed that the several parts will not only 
accord with the general intent of the legislature, but also harmonize with each 
other; and a construction of a particular clause, that will destroy or ren- 
der useless any other provision of the same statute, can not be correct." 
3 O., 187, 193; 2 O., 395, 39S; 5 O., 48, 51. 

What is plainly implied in a statute is as much a part of it as what is 
expressed. 50 O. S., 3S0. 

The ordinary and natural import of words consistent with the com- 
mon sense of the community is to be adopted in arriving at legislative intent. 
5 O., 65, 71; 25 O. S., 26, 28. 

In considering questions arising under the school legislation of the 
state, such construction should be placed upon its various enactments, and 
the several provisions thereof, as will give harmony to our educational 
system, and secure, as far as practicable, its equal benefits, and the reasonable 
facilities for the enjoyment to every locality. 21 O. S., 339. 

Penal statutes must be construed strictly, and cannot be extended by 
implication to cases not strictly within their terms. 20 O., 7; 18 O., 11; 38 O. 
S., 659; 44 O. S., 347. 

While the opinion of the state commissioner of common schools cannot 
have the force of a judicial interpretation, it is of great force as the opinion 
of an eminent educator, who was at the head of the school system of the 
state, and presumably familiar with the necesities of the schools. 2 C C, 
366; Stewart, T. 



Interpretation 
of certain 

words. 



FLAG, EMBLEM, COAT OF ARMS. 

Section 28. The flag of the state of Ohio shall be official flag 
pennant shaped. It shall have three red and two white of state - 
horizontal stripes; the union of the flag shall be seventeen 
five-pointed stars, white, in a blue triangular field, the base 
of which shall be the staff end or vertical edge of the 
flag, and the apex of which shall be the center of the 
middle red stripe. The stars shall be grouped around a 
red disc superimposed upon a white circular "O". The 
proportional dimensions of the flag and of its various 
parts shall be according to the official design thereof on 
file in the office of the secretary of state. (95 v. 445.) 

11 



12 GENERAL PROVISIONS. 

Floral emblem Section 29. The scarlet carnation is hereby adopted 

of the state. ag t | ie state fl ower f Ohio as a token of love and rev- 
erence for the memory of William McKinley. (97 v. 631.) 

Device of coat Section 30. The coat of arms of the state of Ohio 

the a state° f shall consist of the following device: A shield, in form, 
a circle; on it, in the foreground, on the right, a sheaf 
of wheat; on the left, a bundle of seventeen arrows, both 
standing erect ; in the background, and rising above the 
sheaf and arrows, a mountain range, over which shall ap- 
pear a rising sun. (R. S. Sec. 15.) 



TITLE III. EXECUTIVE 

DIVISION I. ELECTIVE STATE OFFICERS 



CHAPTER 6. 

STATE COMMISSIONER OF COMMON SCHOOLS. 



Section 

352. State commissioner, term, office. 

353. Bond, amount, where deposited. 

354. Duties. 

355. School funds, supervision; reports. 

356. School laws, collation, distribution. 

357. Forms for reports, instructions. 

358. Arbor day manual. 

359. Private schools, reports required. 

360. Annual report to the governor, contents. 

361. School funds, fraudulent use of, investi- 



Sbction 

gation. 

362. Examiner, appointment, powers and du- 

ties. 

363. Duty of certain officers in such examina- 

tion. 

364. Report of examiner. 

365. Stenographer for examiner. 

£66. Compensation and mileage of commis- 
sioner. 
367. Duty of judge and prosecuting attorney. 



Bond 



Section 352. There shall be elected biennially a state commis- 
state commissioner of common schools who shall hold his mon^hooiT 
office for a term of two years, commencing on the second election and 
Monday of July following his election. He shall have an 
office in the state house, in which the books and papers 
pertaining to his office shall be kept. (R. S. Sec. 354.) 

Section 353. Before entering upon the discharge of 
the duties of his office, the state commissioner of common 
schools shall give a bond to the state in the sum of five 
thousand dollars, with two or more sureties approved by 
the secretary of state, conditioned for the faithful dis- 
charge of the duties of his office. Such bond, with the 
approval of the secretary of state and the oath of office 
indorsed thereon, shall be deposited with the treasurer of 
state and kept in his office. (R. S. Sec. 355.) 

Section 354. The state commissioner of common 
schools shall give attendance at his office not less than ten 
months each year, except when absent on official duty. 
While holding such office he shall not perform the duties 
of teacher or superintendent of a public or private school, 
or be employed as teacher in a college or hold any other 
office or position of employment. Each year he shall visit 
each judicial district of the state, superintend and en- 
courage teachers' institutes, confer with boards of educa- 
tion and other school officers, visit schools and deliver 
lectures on topics canculated to subserve the interests of 
popular education. (R. S. Sees. 356, 357.) 

Section 355. The state commissioner of common 
schools shall have such supervision of the school funds 
of the state as is necessary to secure their safety and dis- 
tribution as provided by law. He may require of auditors 
and treasurers of counties, boards of education, clerks and 
treasurers of such boards, and other local school officers, 

13 



Duties of com- 
missioner. 



Supervision of 
school funds 
and reports. 



'4 



STATE COMMISSIONER OF COMMON SCHOOLS. 



Distribution 
of school 
laws. 



Shall prescribe 
forms. 



copies of all reports made by them in pursuance of law. 
He may also require of such officers any other information 
he deems proper in relation to the condition and manage- 
ment of schools and school funds. (R. S. Sec. 358.) 

Section 356. The state commissioner of common 
schools shall collate the .laws relating to schools and teach- 
ers' institutes, provide an appendix of forms and instruc- 
tions for their execution, and cause as many copies 
thereof as may be necessary to be printed in a separate 
volume and distribute them among the counties of the 
state for the use of school officers. He may revise, re- 
publish and distribute such laws as often as changes are 
made in them which in his opinion are of sufficient im- 
portance to require it. (R. S. Sec. 360.) 

As to the force and effect of instructions printed in a book prepared 
in pursuance of this section, see 2 C. C, 366. 

Section 357. The state commissioner of common 
schools shall prescribe suitable forms and regulations for 
the reports and other proceedings required by the school 
laws, with such instructions for the organization and gov- 
ernment of schools as he deems necessary, and transmit 
them to the local school officers, who shall be governed 
thereby in the performance of their duties. (R. S. Sec. 
359-) 

Section 358. The state commissioner of common 
schools shall issue each year a manual for arbor day ex- 
ercises. The manual shall contain matters relating to for- 
estry and birds, including a copy of such laws relating to 
the protection of song and insectivorous birds as he deems 
proper. He shall transmit copies of the manual to the 
superintendents of city, village, special and township schools 
and to the clerks of the boards of education, who shall 
cause them to be distributed among the teachers of the 
schools under their charge. On arbor day, and other days 
when convenient, the teachers shall cause such laws to be 
read to the scholars of their respective schools and shall 
encourage them to aid in the protection of such birds. 
(97 v. 470 § 14.) 

Section 359. Each year the state commissioner of 
Private 8 r ° m common schools shall require a report of the president, 
manager or principal of each seminary, academy or private 
school. The report shall be made upon blanks furnished by 
the commissioner and contain a statement of such facts as 
he prescribes. The president, manager or principal shall fill 
up and return the blanks within a time fixed by the com- 
missioner. (R. S. Sec. 363.) 



Arbor day 
manual. 



schools 



Annual report 
of commis- 
sioner. 



Section 360. The state commissioner of common 
schools shall make an annual report to the governor, which 
shall contain a statement of the amount and condition of 
the funds and property appropriated for purposes of ed- 
ucation ; the number of common schools in the state, the 
number of scholars attending such schools, their sex and 



STATE COMMISSIONER OF COMMON SCHOOLS. 



15 



the branches taught; the number of private or select schools 
in the state, so far as can be obtained, the number of 
scholars attending such schools, their sex and the branches 
taught; the number of teachers' institutes, the number of 
teachers attending them, the number of instructors and 
lecturers employed therein and the amount paid to each; 
the estimates and accounts of expenditures of the public 
school funds, plans for the management and improvement 
of common schools, and such other information relative 
to the educational interests of the state as the commissioner 
deems important. (R. S. Sees. 361, 362.) 

Provisions for printing report, see Sec. 2268. 

As to the duty of county auditors in transmitting abstracts of school 
statistics to state commissioner of common schools, see Sec. 7789. 

Section 361. When three or more resident taxpay- 
ers of a school district have reason to believe that any 
portion of the school funds of the district has been un- 
lawfully expended or misapplied by the officers thereof, 
or that fraudulent entries have been made by an officer in 
the books, accounts, vouchers, or settlement sheets of the 
district, or that an officer has not made settlement of his 
account as required by law, they may make complaint 
thereof in writing, verify it by the affidavits of at least 
three such taxpayers, with the certificate of the auditor 
of the county that they are taxpayers attached, and file 
such complaint with the state commissioner of common 
schools. (R. S. Sec. 364.) 

Section 362. Upon the filing of the complaint, or 
when for other cause he deems it necessary, the state com- 
missioner of common schools shall appoint an examiner 
to investigate the condition of the school funds of a dis- 
trict. The examiner shall be a trustworthy and compe- 
tent accountant and shall have authority to summon wit- 
nesses before him forthwith upon written notice and ex- 
amine them under oath administered by him. He shall 
be sworn by a person authorized by law to administer 
oaths, and shall forthwith visit the school district, take 
possession of the books, papers, vouchers and accounts 
thereof and begin such investigation. (R. S. Sees. 364, 

365-) 

Section 363. On application of the examiner, the of- 
ficers of the school district shall immediately place in his 
possession the books, accounts, contracts, vouchers and 
others papers relating to the receipts and expenditures of 
the school funds. The auditor and treasurer of the county 
shall afford the examiner free access to the records, books, 
papers, vouchers and accounts of their respective offices 
relating to the subject of the investigation. (R. S. Sec. 365.) 

Section 364. After completing an investigation, the 
examiner shall make a report in writing in duplicate show- 
ing the condition of the books, vouchers and accounts of the 
district, the amount of school funds received for all pur- 
poses and from what sources, the amount thereof expended 



Complaint of 
fraudulent 
use of school 
funds. 



Appointment 
of examiner, 
his qualifica- 
tions, powers 
and duties. 



Duty of cer- 
tain officers 
in case of 

examination. 



Report of 
examiners. 



i6 



STATE COMMISSIONER OF COMMON SCHOOLS. 



Stenographer 
for examiner. 



Compensation 
and mileage 
of examiner. 



Duty of judge 
and prosecut- 
ing attorney. 



and for what purposes and the amount in the treasury. The 
examiner shall file one copy of the report in the office of 
the clerk of the court of common pleas of the county in 
which the district is located, and transmit the other to the 
state commissioner of common schools. (R. S. Sec. 365.) 

Section 365. With the written consent of the pros- 
ecuting attorney or a judge of the court of cornmon pleas 
of the county in which the school district is located, the 
examiner may require the services of the official court sten- 
ographer of the county to aid him in making such exam- 
ination ; but the stenographer shall receive no compensation 
for such service in addition to the compensation provided 
for him by law. (R. S. Sec. 364.) 

Section 366. The examiner shall receive live dollars 
for each day necessarily engaged in the performance of his 
duties and five cents for each mile of necessary travel not 
exceeding the distance from the seat of government to the 
school district. The compensation and mileage of the ex- 
aminer shall be paid from the county treasury upon the 
warrant of the county auditor. If the complaint or other 
cause be sustained, the amount so paid shall be assessed by 
the county auditor upon the taxable property of the school 
district and collected as other taxes. (R. S. Sec. 365.) 

Section 367. A judge of the court of common pleas 
of the proper county shall examine the report of the ex- 
aminer filed with the clerk, and, if it appear therefrom that 
any part of the school funds has been unlawfully used or 
misapplied, or that there has been fraud in the entries, 
accounts, vouchers, contracts or settlements, or that the 
settlements have not been made as required by law ; or, 
if it appear therefrom that there has been defalcation or 
embezzlement by an officer of such district, he shall give 
the report specially in charge to the grand jury at the term 
of court following the filing of the report. The prosecut- 
ing attorney of the county shall forthwith prosecute such 
proceedings, civil or criminal, or both, as are authorized by 
law. against the delinquent officer or officers. (R. S. Sec. 

366.) 



TITLE IV. JUDICIAL 



CHAPTER 8. 



l'\ F.NILE COURT. 



Section 

1G39. What courts lo have powers and juris- 
diction. 

Seal. 

Appearance docket and journal. 

Jurisdiction. 

When jurisdiction terminates. 

"Delinquent child" defined. 

"Dependent child" defined. 

"Proper parental care" defined. 

Affidavit. 

Citation, warrant, contempt 



1640. 
1641. 
1642. 
1643. 
1644. 
1645. 
1646. 
1647. 
1648. 
1649. 
16.50. 
1651. 
1652. 

1653. 

1654. 
1655. 
1656. 

1657. 
1658. 
1659. 
1660. 
1661. 



Special room for juvenile court. 

Hearing. 

Jury trial; costs. 

Judge may commit child to care of pro- 
bation officer, etc. 

Judge may commit child to care of 
suitable person. 

Aiding or abetting delinquency; penalty. 

Failure or neglect to support, penalty. 

Workhouse sentence, provisio 
of. 

Commitment in county jail, etc. 

Citation after hearing. 

Transfer of case to juvenile judge. 

Writs, to whom issued. 

Expense, how paid. 



Section 

1662. Probation officers, appointment, compen- 

sation. 

1663. Duties and powers of probation officers. 
1C64. Prosecuting attorney, duty of. 

m5. Bail. 

1666. Suspension of sentence. 

1667. Forfeit of bond. 

1668. Error proceedings. 

1669. Findings, not lawful evidence. 

1670. Detention home, how established and 

conducted. 

1671. Expenses of detention home. 

1672. Child becomes a ward, when. 

1673. May agree with incorporated institution 

for care of child. 
L674, Agent of certain institutions,' duties ol. 
1675. Board of state charities, duties of. 
L676. Articles of incorporation to be approved 

by board of state charities. 
lf>77. Associations of other states. 
II 78, Penalty. 

I-'eligious belief. 

How chapter construed as to industrial 

schools. 
When child is charged with felony. 
Fees and costs, how paid. 
1 hapter to be liberally construed. 



Section 1639. Courts of common pleas, probate 
courts, and insolvency courts and superior courts, where 
established, shall have and exercise, concurrently, the pow- 
ers and jurisdiction conferred in this chapter. The judges 
of such courts, at such times as they determine, shall des- 
ignate one of their number to transact the business arising 
under such jurisdiction. When the term of the judge so 
designated expires, or his office terminates, another des- 
ignation shall be made in like manner. (99 v. 192 § 1.) 

Section 1640. . The seal of the court, the judge of 
which is designated to transact such business, shall be at- 
tached to all writs and processes. (99 v. 192 § 2.) 

Section 1641. The clerk of the court of the judge ex- 
ercising the jurisdiction shall keep an appearance docket 
and a journal, in the former of which shall be entered the 
style of the case and a minute of each proceeding and in the 
latter of which shall be entered all orders, judgments and 
findings of the court. (99 v. 192 § 3.) 

Section 1642. Such courts of common pleas, probate 
courts, insolvency courts and superior courts within the 
provisions of this chapter shall have jurisdiction over and 
with respect to delinquent, neglected and dependent minors, 
under the age of seventeen years, not inmates of a state in- 
stitution, or any institution incorporated under the laws of 
2 s. l. 17 



What courts 
to have pow- 
ers and juris- 
diction. 



Seal. 



Appearance 
docket and 
journal. 



lurisdiction. 



juris 
diction ter- 
minates. 



1 8 JUVENILE COURT. 

the state for the care and correction of delinquent, neglected 
and dependent children, and their parents, guardians, or 
any person, persons, corporation or agent of a corporation 
responsible for or guilty of causing, encouraging, aiding, 
abetting or contributing toward the delinquency, neglect or 
dependency of such minor. (99 v. 192 § 4.) 

when juris- Section 1643. When a child under the age of seven- 

teen years comes into the custody of the court under the 
provisions of this chapter, such child shall continue for all 
necessary purposes of discipline and protection, a ward of 
the court, until he or she attains the age of twenty-one 
years. The power of the court over such child shall con- 
tinue until the child attains such age. (99 v. 192 § 4.) 

"Delinquent Section 1 644. For the purpose of this chapter, the 

child" de- words "delinquent child" includes any child under seven- 
teen years of age who violates a law of this state or city 
or village ordinance, or who is incorrigible ; or who know- 
ingly associates with thieves, vicious or immoral persons ; 
or who is growing up in idleness or crime; or who know- 
ingly visits or enters a house of ill repute ; or who knowingly 
patronizes or visits a policy shop or place where any gam- 
bling device is, or shall be, operated; or who patronizes 
or visits a saloon or dram shop where intoxicating liquors 
are sold ; or who patronizes or visits a public pool or bil- 
liard room or bucket shop; or who wanders about the 
streets in the night time; or who wanders about railroad 
yards or tracks, or jumps or catches on to a moving train, 
traction or street car, or enters a car or engine without 
lawful authority ; or who uses vile, obscene, vulgar, profane 
or indecent language ; or who is guilty of immoral conduct ; 
or who uses cigarettes ; or who visits or frequents any 
theater, gallery or penny arcade where lewd, vulgar or in- 
decent pictures are exhibited or displayed. A child com- 
mitting any of the acts herein mentioned shall be deemed 
a juvenile delinquent person, and be proceeded against in 
the manner hereinafter provided. (99 v. T92 § 5.) 

"Dependent Section 1645. For the purpose of this chapter, the 

fined" de ' words "dependent child" shall mean any child under seven- 
teen years of age who is dependent upon the public for 
support ; or who is destitute, homeless or abandoned ; or 
who has not proper parental care or guardianship ; or who 
begs or receives alms ; or who is found living in a house of 
ill fame, or with any vicious or disreputable persons ; or 
whose home, by reason of neglect, cruelty or depravity on 
the part of its parents, guardian or other person in whose 
care it may be, is an unfit place for such child ; or whose 
environment is such as to warrant the state, in the interest 
of the child, in assuming its guardianship. (99 v. 193 § 6.) 

"Proper pa- Section 1646. A child within the provisions of this 

rental care" chapter whose parents or guardian permits it to use or be- 
come addicted to the use of tobacco, or intoxicating liquors 
as a beverage and not for medicinal purposes, or whose 



JUVENILE COURT. 



19 



Affidavit.. 



Citation, war- 
rant, con- 
tempt. 



parents or guardian rears, keeps or permits it in or about 
a saloon or place where intoxicating liquors are sold, or a 
gambling house or place where gambling is practiced or 
carried on, or a house of ill fame or ill repute, shall be 
deemed to be without proper parental care or guardianship. 
The word "child" or "children" may mean one or more 
children and includes males and females/ The word 
"parent" may mean one or both parents when consistent 
with the intent of this chapter. The word "minor" means 
child. (99 v. 193 § 6.) 

Section 1647. Any person having knowledge of a 
minor under the age of seventeen years who appears to be 
either a delinquent, neglected or dependent child, may file 
with the clerk of the court of the judge exercising the 
jurisdiction, an affidavit, setting forth the facts, which may 
be upon information and belief. (99 v. 193 § 7.) 

Section 1648. Upon filing of the affidavit, a citation 
shall issue, requiring such minor to appear, and the person 
having custody or control of the child or with whom it 
may be, to appear with the minor, at a time and place to be 
stated in the citation; or the judge may in the first in- 
stance issue a warrant for the arrest of such minor or for 
any person named in the affidavit and charged therein 
with having abandoned, or charged therein with neglect of 
or being responsible for or having encouraged, aided or 
abetted the delinquency or dependency of such child. A 
parent, guardian, or other person net cited may be sub- 
poenaed to appear and testify at the hearing. Any on^ 
cited or subpoenaed to appear who fails to do so may be 
punished as in other cases in the common pleas court for 
contempt of court. When a person charged with violating 
a provision of this chapter shall have fled from justice in 
this state, such judge shall have all the powers of a mag- 
istrate under the laws of this state relating to fugitives from 
justice. (99 v. 193 § 8.) 

Section 1649. The county commissioners shall pro- Special room 
vide a special room not used for the trial of criminal cases, court!^ 6 "^ 
when avoidable, for the hearing of juvenile cases. (99 v. 
J 94 § 9-) 



Hearing. 



Section 1650. On the day named in the citation or 
upon the return of the warrant of arrest, or as soon there- 
after as may be, the judge shall proceed, in a summary 
manner to hear and dispose of the case, and the person 
arrested or cited to appear may be punished in the manner 
hereinafter provided. (99 v. 194 § 10.) 

Section 165 i. A person charged with being re- 
sponsible for or with causing, aiding or contributing to the cost's, 
delinquency, dependency or neglect of a child, arrested or 
cited to appear before such court, at any time before hear- 
ing, may demand a trial by jury, or the judge upon his own 
motion may call a jury. The statutes relating to the draw- 



jury trial; 



20 



JUVENILE COURT. 



Judge may 
commit child 
to care of 
probation of- 
ficer, etc. 



Judge may 
commit child 
to care of 
suitable per- 
son. 



ing and impaneling of jurors in criminal cases in the court 
of common pleas, other than in capital cases, shall apply to 
such jury trial. When a jury trial is demanded, or when 
ordered by him, the judge shall issue a precipe to the clerk 
of the common pleas court, who shall thereupon proceed to 
draw from the jury wheel, as in other criminal cases, and 
issue the venire to the sheriff of the county for the persons 
whose names are so drawn, who shall serve and return it 
as in other cases. The compensation of the jurors, and the 
costs of the clerk and sheriff shall be taxed and paid as in 
other criminal cases in the common pleas court. (99 v. 
194 § 11.) 

Section 1652. In case of a delinquent child the judge 
may continue the hearing from time to time, and may com- 
mit the child to the care or custody of a probation officer, 
and may allow such child to remain at its own home, subject 
to the visitation of the probation officer, and subject to be 
returned to the judge for further or other proceedings 
whenever such action may appear to be necessary ; or the 
judge may cause the child to be placed in a suitable family 
home, subject to the friendly supervision of a probation 
officer, and the further order of the judge, or he may 
authorize the child to be boarded in some suitable family 
home in case provision be made by voluntary contribution 
or otherwise for the payment of the board of such child, 
until suitable provision be made for it in a home without 
such payment; or the judge may commit such child, if a 
boy, to a training school for boys, or, if a girl, to an in- 
dustrial school for girls, or commit the child to any in- 
stitution within the county that may care for delinquent 
children, or be provided by a city or county suitable for 
the care of such children, or to the boys' industrial school, 
or where it appears upon the hearing that such delinquent 
child is sixteen years of age, or over, and has committed 
a felony, to the Ohio state reformatory; or to any state 
institution which may be established for the care of delin- 
quent boys, or, if a girl over the age of nine years, to the 
girls' industrial home or to any state institution which may 
be established for the care of delinquent girls. In no case 
shall a child, committed to such institution be confined under 
such commitment after attaining the age of twenty-one 
years. A child committed to such institution shall be sub- 
ject to the control of the trustees thereof, who shall have 
power to parole such child on such conditions as it may 
prescribe, and, on the recommendation of the trustees, 
the superintendent shall have power to discharge such 
child from custody; or the judge may commit the child to 
the care and custody of an association that will receive it, 
embracing in its objects the care of neglected or dependent 
children, if duly accredited as hereinafter provided. (99 
v. 194 § 12.) 

Section 1653. When a minor under the age of seven- 
teen years is found to be dependent or neglected, the judge 
may make an order committing such child to the care of 



JUVENILE COURT. 



21 



some suitable state or county institution, or to the care of 
some reputable citizen of good moral character, or to the 
care of some training school or an industrial school, as 
provided by law, or to the care of some association will- 
ing to receive it, which embraces within its objects the pur- 
poses of caring for or obtaining homes for dependent, 
neglected or delinquent children or any of them, and which 
has been accredited as hereinafter provided. When the 
health or condition of the child shall require it, the judge 
may cause the child to be placed in a public hospital or 
institution for treatment or special care, or in a private 
hospital or institution which will receive it for like purposes 
without charge. (99 v. 195 § 13.) 



Section 1654. Whoever aids, abets, induces, causes, 
encourages or contributes toward the delinquency of a 
minor under the age of seventeen years, as herein defined, 
shall be fined not less than ten dollars nor more than one 
thousand dollars or imprisoned not less than ten days nor 
more than one year, or both. Each day of such contribu- 
tion to such delinquency shall be deemed a separate offense. 
If in his judgment it is for the best interest of a delinquent 
minor under the age of seventeen years, the judge may 
impose a fine upon such delinquent not exceeding ten dol- 
lars, and he may order such person to stand committed 
until fine and costs are paid. (99 v. 195 § 14.) 



Aiding or 
abetting de- 
linquency; 

penalty. 



Section 1655. Whoever is charged by law with the 
care, support, maintenance or education of a minor under 
the age of seventeen years, and is able to support or con- 
tribute toward the support or education of such minor, 
fails, neglects, or refuses so to do, or who abandons such 
minor shall be fined not less than ten dollars nor more than 
five hundred dollars, or imprisoned not less than ten days 
nor more than one year, or both. Such neglect, non-support 
or abandonment snail be deemed to have been committed 
in the county in which such minor may be at the time of 
such neglect, non-support or abandonment. Each day of 
such failure, neglect or refusal shall constitute a separate 
offense, and the judge may order that such person stand 
committed until such fines and costs are paid. (99 v. 
196 § 15O . 

Section 1656. When a person is convicted and sen- 
tenced under this chapter for the abandonment of or for 
the neglect of or failure to maintain or support a minor, 
to imprisonment in a workhouse, the county from which 
such prisoner is so sentenced, shall pay from the general 
revenue fund, forty cents, for each day such prisoner is 
so confined, to the chief probation officer of such county, 
to be by him expended, under the direction of the judge, 
for the maintenance of the dependent minors of such 
prisoner, of which expenditure such officer shall make 
monthly reports to the judge. The county commissioners 
of such county shall make the allowances herein provided 



Failure or 
neglect to 
support, pen 
alty. 



Workhouse 
sentence, pro 
visions in 
case of. 



22 



JUVENILE COURT. 



Commitment 
to county 
jail, etc. 



■Citation after 
hearing. 



Transfer of 
case to juve- 
nile judge. 



Writs, to 
whom issued. 



for. which shall be paid by the county treasurer from the 
count}' treasury upon the warrant ot the couiUy auditor 
in favor of such probation officer. (99 v. 196 § :6.) 

Section 1657. Pending final disposition of a case, the 
judge may commit any person arrested or cited to appear, 
except the minor under fourteen years of age, to the county 
jail until the case is disposed of, but such trial shall be 
commenced within four days of such commitment unless 
upon the request of the defendant. Pending final dis- 
position, the judge may direct that the minor in question 
be left in the possession of the person having charge of 
him, or that he be kept in some suitable place provided 
by the county or city authorities. (99 v. 196 § 17.) 

Section 1658. If it appear upon the hearing that 
any person not cited to appear, has probably aided, induced, 
caused, encouraged, or contributed to the delinquency of 
a minor under the age of seventeen years, or that a person, 
charged by law. with the care, support, education and main- 
tenance of any minor, has abandoned, failed, refused, or 
neglected, being able so to do, to support or sufficiently 
contribute toward the support, education and maintenance 
of such minor, the judge may order such person to be 
cited to appear at a subsequent day, or may issue a war- 
rant to arrest such person as heinbefore provided, and upon 
citation, warrant and hearing the same proceedings may 
be had as in the first instance. (99 v. 196 § 18.) 

Section 1650. When a minor, under the age of 
seventeen years, is arrested, such child, instead of being 
taken before a justice of the peace or police judge, shall 
be taken directly before such juvenile judge; or, if the 
child i^ taken before a justice of the peace or judge of 
police court, it shall be the duty of such justice of the 
peace or such judge of the police court, to transfer the case 
to the judge exercising the jurisdiction herein provided. 
The officers having such child in charge shall take it before 
such judge, who shall proceed to hear and dispose of the 
case in the same manner as if the child had been brought 
before the judge in the first instance. (99 v. 197 § 19.) 

Section 1660. The warrants, citations, subpoenas and 
other writs of such judge may issue to a probation officer of 
any such court or to the sheriff of any county, and the pro- 
visions of law relating to the subpoenaing of witnesses 
in criminal cases shall apply in so far as they are applicable. 
(99 v. T97 § 20.) 



Expense, how 
.oaid. 



Section 1661. When a warrant is issued to any such 
officer, the expense incurred in pursuing and bringing the 
person named therein before such judge shall be paid by the 
county in the manner prescribed by law for the payment of 
deputies, assistants and other employes of county officers. 
(99 V. 197 § 21.) 



JUVENILE COURT. 



23 



Probation of- 
ficers, appoint- 
ment, compen- 
sation. 



Section 1662. The judge designated to exercise juris- 
diction may appoint one or more discreet persons of good 
moral character, one or more of whom may be women, 
to serve as probation officers, during the pleasure of the 
judge. One of such officers shall be known as chief pro- 
bation officer and there may be first, second and third as- 
sistants. Such chief probation officer and the first, sec- 
ond and third assistants shall receive such compensation 
as the judge appointing them may designate at the time 
of the appointment, but the compensation of the chief pro- 
bation officer shall not exceed twenty-five hundred dollars 
per annum, that of the first assistant shall not exceed twelve 
hundred dollars per annum, and of the second and third 
shall not exceed one thousand dollars per annum, each 
payable monthly. The judge may appoint other probation 
officers, with or without compensation, but the entire com- 
pensation of all probation officers in any county shall not 
exceed the sum of forty dollars for each full thousand 
inhabitants of the county at the last federal census, and in 
no case shall the entire compensation of all probation 
officers in any county exceed the sum of seven thousand 
five hundred dollars. The compensation of the probation 
officers shall be paid by the county treasurer from the 
county treasury upon the warrant of the county auditor, 
which shall be issued upon itemized vouchers sworn to by 
the probation officers and certified to by the judge of the 
juvenile court. (99 v. 197 § 22.) 

Section 1663. When a complaint is made or filed 
against a minor, the probation officer shall inquire into and 
make examination and investigation into the facts and 
circumstances surrounding the alleged delinquency, neglect, 
or dependency, the parentage and surroundings of such 
minor, his exact age, habits, school record, and every fact 
that will tend to throw light upon his life and character. 
He .shall be present in court to represent the interests of 
the child when the case is heard, furnish to the judge 
such information and assistance as he may require, and 
take charge of any child before and after the trial as the 
judge may direct. He shall serve the warrants and other 
process of the court within or without the county, and in 
that respect is hereby clothed with the powers and authority 
of sheriffs. He may make arrests without warrant upon 
reasonable information or upon view of the violation of 
any of the provisions of this chapter, detain the person so 
arrested pending the issuance of a warrant, and perform 
such other duties, incident to their offices, as the judge 
directs. All sheriffs, deputy sheriffs, constables, marshals 
and police officers shall render assistance to probation of- 
ficers, in the performance of their duties, when requested so 
to do. (99 v. 198 § 23.) 

Section 1664. On the request of the judge exercis- 
ing such jurisdiction, the prosecuting attorney of the county attorney, duty 
shall prosecute all persons charged with violating any of 
the provisions of this chapter. (99 v. 198 § 24.) 



Duties and 
powers of pro- 
bation officers. 



Prosecuting 



24 



JUVENILE COURT. 



Bail. 



Suspc! 

of sentence. 



Forfeit of 
bond. 



Error pro- 
ceedings. 



Findings, not 
lawful evi- 
dence. 



Detention 
home, how es- 
tablished and 
conducted. 



Section 1665. The provisions of law relating to bail 
in criminal cases in the common pleas court shall apply 
to persons committed or held under the provisions of this 
chapter so far as they are applicable. (99 v. 198 § 25.) 

Section 1666. In every case of conviction and where 
imprisonment is imposed as part of the punishment, such 
judge may suspend sentence upon such conditions as he 
imposes. (99 v. 198 § 26.) 

roN 1667. When, as a condition- of suspension of 
sentence, bond is- required and given, upon the failure of 
a person giving such bond to comply with the terms and 
conditions thereof, such bond may be forfeited, the sus- 
pension terminated by the judge, the original sentence ex- 
ecuted as though it had not been suspended, and the term 
of any jail or workhouse sentence imposed in such case 
shall commence from the date of imprisonment of such 
person after such forfeiture and termination of suspension. 
Any part of such sentence which may theretofore have been 
served, shall be deducted from any such period of impris- 
onment. (99 v. 198 § 27.) 

Section 1668. The provisions of law relating to error 
proceedings from the court of common pleas, including the 
allowance and signing of bills of exceptions shall apply 
to prosecutions of persons over seventeen vears of age 
under this chapter, and from judgment of "the judge in 
suda prosecutions error may be prosecuted to the circuit 
court of the county under laws governing prosecutions of 
proceedings in error in other criminal cases, to such cir- 
cuit court. (99 v. 198 § 28.) 

Section 1669. The disposition of, or any order, judg- 
ment, or finding against a child under this chapter, or any 
evidence given in any proceeding thereunder, shall not 
in any civil, criminal or other cause or proceeding whatever 
in any court, be lawful or proper evidence against such 
child for any purpose whatever, except in subsequent cases 
herein against the same child. (99 v. 199 § 29.) 

Section 1670. Upon the advice and recommendation 
of the judge exercising the jurisdiction provided herein, 
the county commissioners may provide by purchase or 
lease, a place to be known as a "detention home" within a 
convenient distance of the court house, not used for the 
confinement of adult persons charged with criminal offenses, 
where delinquent, dependent or neglected minors under the 
age of seventeen years may be detained until final dispo- 
sition, which shall be maintained by the county as in other 
like cases. In counties having a population "in excess of 
forty thousand, the judge may appoint a superintendent and 
matron who shall have charge of such home, and of the 
delinquent, dependent and neglected minors detained therein. 
Such superintendent and matron shall be suitable and dis- 
creet P e] I as teachers of children. Such home 



rUVENILE COURT 



2- 



shall be furnished in a comfortable manner as nearly as 
may be as a family home. The compensation of the super- 
intendent and matron shall be fixed by the county com- 
missioners. Such compensation and the expense of main- 
taining the home shall be paid from the county treasury 
upon the warrant of the county auditor, which shall be 
issued upon the itemized voucher, sworn to by the super- 
intendent and certified by the judge. (99 v. 199 § 30.) 

Section 167 1. When such detention home is pro- 
vided by the county commissioners, and upon such home 
being recommended by the judge, the commissioners shall 
enter an order on their journal transferring to the proper 
fund from any other fund or funds of the county, in their 
discretion, such sums as may be necessary to purchase or 
lease such home and properly furnish and conduct it and 
pay the compensation of the superintendent and matron 
The commissioners shall likewise upon the appointment of 
probation officers, transfer to the proper fund from any 
other fund or funds of the county, in their discretion, such 
sums as may be necessary to pay them, and such transfers 
shall be made upon the authority of this chapter. At the 
next tax levying period, provisions shall be made for the 
expenses of the court. (99 v. 199 § 30.) 

Section 1672. If the court awards a child to the 
care of an association or individual in accordance with these 
provisions, unless otherwise ordered, the child shall become 
a ward, and be subject to the guardianship of such associa- 
tion or individual. Such association or individual may place 
such child in a family home, with or without indenture, 
and shall be made party to any proceedings for the legal 
adoption of the child, and may appear in any court where 
such proceedings are pending, and assent to such adoption. 
Such assent shall be sufficient to authorize the judge to 
enter the proper order or decree of adoption. Such guard- 
ianship shall not include the guardianship of any estate 
cf the child. (99 v. 199 § 31.) 

Section 1673. The parents, parent, guardian or other 
person or persons having the right to dispose of a depend- 
ent or neglected child may enter into an agreement with 
any association or institution, incorporated under any law 
of this state, which has been approved as herein provided, 
for the purpose of aiding, caring for or placing in homes 
such children, or for the surrender of such child to such 
association or institution, to be taken and cared for by such 
association or institution, or put into a family home. Such 
agreement may contain any and all proper stipulations to 
that end, and may authorize the association or institution, 
to appear in any proceeding for the legal adoption of such 
child, and consent to its adoption. The order of the judge 
made upon such consent shall be binding upon the child 
and its parents, guardian or other person, as if such person 
were personally in court and consented thereto, whether 
made party to the proceeding or not. (99 v. 200 § 32.) 



Expenses of 

detention 

home. 



Child becomes 
a ward, when. 



A [ay agree 
with incorpo- 
rated institu- 
tion for care 
of child. 



26 



JUVENILE COURT. 



Agent of cer- 
tain institu- 
tions, duties 
of. 



Board of state 
charities, du- 
ties of. 



Articles of 
incorporation 
to be ap- 
proved by 
board of state 
charities. 



Section 1674. The board of trustees of the boys' in- 
dustrial school, and of the girls' industrial home, and the 
managers of any other institution to which juvenile delin- 
quents may be committed, may, each, maintain an agent 
of such institution, who shall examine the home of chil- 
dren paroled for the purpose of reporting to such trustees 
or managers whether they are suitable homes, and assist 
children paroled or discharged from such institution in 
finding suitable employment, and maintain a friendly super- 
vision over paroled inmates. Such agents shall hold office 
subject to the pleasure of the board making the appoint- 
ment and shall receive such compensation as the board 
may determine from funds appropriated for such institu- 
tion applicable thereto. (99 v. 200 § 33.) 

Section 1675. All associations receiving children here- 
under shall be subject to the same visitation, inspection 
and supervision by the board of state charities as are the 
public charitable institutions of the state. Such board shall 
annually pass upon the fitness of every such association as 
receives, or desires to receive, children under the provision 
of this chapter. Annually at such time as the board shall 
direct, each such association shall make a report, showing 
its condition, management and competency, adequately to 
care for such children as are, or may be committed to it, 
and such other facts as the board requires. When the 
hoard is satisfied as to the care given such children, it 
shall issue to the association a certificate to that effect, 
which shall continue in force for one year unless sooner 
revoked by the board. No child shall be committed to 
an association which has not received such certificate within 
fifteen months next preceding the commitment. At any 
time, the judge may require from an association receiving 
or desiring so to receive children such reports, information 
and statements as he deems proper and necessary. He may 
at any time require from an association or institution, re- 
ports, information or statements concerning any child or 
children committed to it by him under the provisions of 
this chapter. (99 v. 200 § 34.) 

Section 1076. No association whose objects may em- 
brace the care of dependent, neglected or delinquent chil- 
dren shall hereafter be incorporated unless the proposed ar- 
ticles of incorporation shall have been submitted first to 
the board of state charities. The secretary of state shall 
not issue a certificate of incorporation unless there shall 
first be filed in his office the certificate of the secretary of 
the board of state charities that he has examined the 
articles of incorporation, and that in his judgment the 
incorporators are reputable and respectable persons, that 
the proposed work is needed, and the incorporation of 
such association is desirable and for the public good. 
Amendments proposed to the articles of incorporation of 
any such association shall be submitted in like manner to 
the board of state charities, and the secretary of state shall 



JUVEXILE COURT. 



27 



Associations 
of other 
states. 



not record such amendment or issue his certificate therefor 
unless there shall first be filed in his office the certificate 
of the secretary of the board of state charities that he has 
examined such amendment, that the association in question 
is, in his judgment, performing in good faith the works 
undertaken by it, and that such amendment is\ in his 
judgment a proper one, and for the public good. (99 v. 
201 § 35-) 

Section 1677. No association, incorporated under the 
laws of any other state, shall place a child in a family 
home within the boundaries of this state, either with or 
without indenture or for adoption, unless such association 
shall have furnished the state board of charities with such 
guaranty as it may require that no child having a contagious 
disease, deformity,, feeble mind or vicious character, shall 
be brought into the state by such association or its agents, 
ar H that such association will promptly receive and remove 
from the state a child brought into the state by its agents, 
which shall become a public charge within the period of 
five years thereafter. (99 v. 201 § 36.) 

Section 1678. Whoever shall place in a home or 
receive to be placed in a home a child in behalf of any 
association incorporated in any other state which has not 
complied with the requirements of this chapter shall be 
imprisoned in the county jail not more than thirty days, or 
fined not less than five dollars or more than one hundred 
dollars, or both, in the discretion of the judge. (99 v. 201 
§ 36.) 

Section 1679. The judge in committing children shall 
place them, so far as practicable, in the care and custody 
of an individual holding the same religious belief as such 
child or its parents, or with some association which is con- 
trolled by persons of like religious faith as such child or 
its parents. (99 v. 202 § 37.) 

Section 1680. Nothing herein shall be construed to How chapter 
repeal any provision of law relating to the boys' industrial construed as 
school or the girls' industrial home. (99 v. 202 § 38.) schools" 5 ' 



Penalty. 



Religious be- 
lief. 



When child v 
charged with 
felony. 



Section 1681. When any information or complaint 
shall be filed against a delinquent child under these pro- 
visions, charging him with felony, the judge may order 
such child to enter into a recognizance, with good and 
sufficient surety, in such amount as he deems reasonable, 
for his appearance before the court of common pleas at 
the next term thereof. The same proceedings shall be had 
thereafter upon such complaint as now authorized by law 
for the indictment, trial, judgment and sentence of any 
other person charged with a felony. (99 v. 202 § 39.) 

Section 1682. Fees and costs in all such cases with 
such sums as are necessary for the incidental expenses of how P aid 
the court and its officers, and the costs of transportation of 



Fees and costs. 



2 8 JUVENILE COURT. 

children to places to which they have been committed, shall 
be paid from the county treasury upon itemized vouchers, 
certified to by the judge of the court. (99 v. 202 § 40.) 

Chapter to be Section 1 683. This chapter shall be liberally con- 

liberaiiy con s trued to the end that proper guardianship may be pro- 
vided for the child, in order that it may be educated and 
cared for, as far as practicable in such manner as best 
subserves its moral and physical welfare, and that, as far 
as practicable in proper cases, the parent, parents, or guar- 
dian of such child may be compelled to perform their 
moral and legal duty in the interest of the child. (99 
v. 202 § 40.) 



TITLE XIII. PUBLIC SCHOOL DISTRICTS 



CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 



Classification of Districts. 
City School Districts. 
Village School Districts. 
Township School Districts. 
Special School Districts. 
Boards of Education. 
Treasurer and Clerk. 



CHAPTER 1. 

CLASSIFICATION OF DISTRICTS. 



Section 

4679. School districts classified. 

4680. City school districts. 

4651. Village school districts. 

4652. Village with less than one hundred 

thousand tax valuation. 

4683. Township school districts. 

4684. Special school district. 

4685. Territory must be contiguous. 

ADVANCEMENT AND REDUCTION. 

4686. Change of classification upon advance- 

ment or reduction. 

4687. School district in newly created munici- 

pality. 

4688. School district in villages upon sur- 

render of corporate powers. 

4689. Disposal of property in such cases. 



ANNEXATION. 
Section 

4693. Annexation of territory to city or vil- 
lage. 
4691. Attaching village territory. 



TRANSFER OF TERRITORY. 

Transfer of territory from one school 
district to another. 

4693. Transfer of territory on petition. 

4694. Notice of hearing. 

4695. Judgment and costs. 

Apportionment of funds or indebtedness 
when territory is transferred. 
4697. Territory situated in two or more 
counties. 



Section 4679. 
be styled, respectively, city school districts, village school 1 



The school districts of the state shall School dis 

fied. 



districts, township school districts and special school dis- 
tricts. (R. S. Sec. 3885.) 

Common school districts and boards of education are not corporations 
within the meaning of § 1, Art. XIII, of the Constitution. 38 O. S., 54. 
Special districts; see 46 O. S., 275. 

Section 4680. Each city, together with the territory 
attached to it for school purposes, and excluding the ter- 
ritory within its corporate limits detached for school pur- 
poses, shall constitute a city school district. (R. S. Sec. 
3886.) 

Section 4681. Each village, together with the ter- 
ritory attached to it for school purposes, and excluding the 
territory within its corporate limits detached for school pur- 
poses, and having in the district thus formed a total tax 
valuation of not less than one hundred thousand dollars, 
shall constitute a village school district. (R. S. Sec. 3888.) 

The board of education of a township established a central or high 
school and located it in a sub-district. The territory comprised in the sub- 
district after the establishment of the central high school, and before the 
act of May 1, 1873, was formed into an incorporated village; held, that the 
property of the central or high school and the management of the school did 
not, bv virtue of said last mentioned act, pass to the board of education of 
the village. 41 O. S., 680. 

29 



City school 
districts. 



Village school 
district. 



3© 



CLASSIFICATION OF DISTRICTS. 



\ T illage with 
less than one 
hundred thous- 
and tax 
valuation. 



Section 4682. A village, together with the territory 
attached to it for school purposes, and excluding the ter- 
ritory within its corporate limits detach e 1 for school pur- 
poses, with a tax valuation of less than one hundred 
thousand dollars, shall not constitute a village school dis- 
trict, but the proposition to dissolve or organize such village 
school district shall he submitted by the board of education 
to the electors of such village at any general election, and 
be so determined by a majority vote of such electors. (R. 
S. Sec. 3888.) 

Township Section 4683. Each civil township, together with the 

school districts, territory attached to it for school purposes, and excluding 
the territory within its established limits detached for 
school purposes, shall constitute a township school dis- 
trict. (R. S. Sec. 3890.) 

Special school Section 4684. Any school district, other than a city, 

district. village or township school district, and any school district 

organized under the provisions of chapter five of this title, 

shall constitute a special school district. (R. S. Sec. 3891.) 

The formation of a special school district from territory within the limits 
of a township, by special act, is in conflict with Sec. 26, Art. II, of the Con- 
stitution. 73 O. S., 54; 46 O. S., 275; 38 O. S., 54. 

Territory must Sfction 4685. The territory included within the 

be contiguous. i 30im( j ai -j es f a c j t y^ v jii a g e or special school district shall 

be contiguous. (R. S. Sec. 3892.) 

In regard to change in sub-districts, see Sec. 471<i. 

A sub-district is not a school district within the meaning of the law. 



Change of 
classification 
upon advance- 
ment or reduc- 
tion. 



School district 
in newly 
created mu- 
nicipality. 



School district 
in villages 
upon surren- 
der of corpo- 
rate powers. 



ADVANCEMENT AND REDUCTIOX. 

Section 4686. When a village is advanced to a city, 
the village school district shall thereby become a city school 
district. When a city is reduced to a village, the city 
school district shall thereby become a village school dis- 
trict. The members of the board of education in village 
school districts that are advanced to city school districts, 
and in city school districts that are reduced to village school 
districts shall continue in office until succeeded by the 
members of the board of education of the new district, 
who shall be elected at the next succeeding annual elec- 
tion for school board members. (R. S. Sec. 3889.) 

Section 4687. Upon the creation of a village, it shall 
thereby become a village school district, as herein pro- 
vided, and, if the territory of such village previous to its 
creation was included within the boundaries of a special 
school district and such special school district included 
mure territory than is included within the village, such 
territory shall thereby be attached to such village school 
district for school purposes. (R. S. Sec. 3889.) 

SECTION 4688. When a village surrenders its cor- 
porate powers or dissolves a village school district, a- 
herein provided, the village school district shall be thereby 



CLASSIFICATION OF DISTRICTS. 



3* 



abolished and the territory formerly constituting such vil- 
lage district shall become a part of the township school 
district or districts of the civil township or townships in 
which it is situated, and all school property shall pass to 
and become vested in the township board of education of 
the civil township in which it is situated. (R S. Sec. 

3889.) 

Section 4689. The provisions of law relating to the 
power to settle claims, dispose of property or levy and 
collect taxes to pay existing obligations of a village that 
has surrendered its corporate powers, shall also apply to 
such village school district and the board of education 
thereof. If such village school district is situated in two 
or more townships, any distribution of funds shall be 
made in proportion to the total tax valuation of the prop- 
erty situated in the several townships. (R. S. Sec. 3889.) 



Disposal of 
property in 
such cases. 



ANNEXATION. 

Section 4690. When territory is annexed to a city 
or village, such territory thereby becomes a part of the 
city or village school district, and the legal title to school 
property in such territory for school purposes shall remain 
vested in the board of education of the school district from 
which such territory was detached, until such time as may 
be agreed upon by the several boards of education when 
such property may be transferred by warranty deed. In 
case of disagreement between such boards of education, 
like proceedings shall be had by application to the probate 
court as are provided by law in case of the transfer of 
property from one school district to another. (R. S. Sec. 
3893-) 

Section 4691. When territory located within the cor- 
porate limits of a village is attached for school purposes 
to a district other than the village school district, and the 
boards of education of the districts are unable to agree as 
to the transfer of such territory, the board of education of 
the village school district may file a petition in the pro- 
bate court, asking for the transfer of territory within the 
corporate limits of the village, and the probate court shall 
have the same jurisdiction and powers as are provided by 
the preceding section in case of disagreement between 
boards. (R. S. Sec. 3893.) 



Annexation of 
territory to 
city or village. 



Attachi 
lage te 



ng vil- 
rritory. 



TRANSFER OF TERRITORY. 

Section 4692. Any school district or a part thereof 
may be transferred to ah adjoining school district by the 
mutual consent of the boards of education having control of 
such districts. To secure such consent, it shall be necessary 
for each of the boards to pass a resolution indicating the 
action taken and definitely describing the territory to be 
transferred. The passage of such resolution shall require 
a majority vote of the full membership of each board by 



Transfer of 
territory from 
one school dis- 
trict to an- 
other. 



^ 2 CLASSIFICATION OF DISTRICTS. 

a yea and nay vote, and the vote of each member shall be 
entered on the records of such boards. Such transfer shall 
not take effect until a map, showing the boundaries of the 
territory transferred, is placed upon the records of such 
boards and copies of the resolution certified to the presi- 
dent and clerk of each board together with a copy of such 
map arc bled with the auditor or auditors of the county 
or counties in which such transferred territory is situated. 
(R. S. Sec. 3894.) 

Transfer of Section 4693. Territory may also be transferred from 

territory on one c C i 100 l district to another as follows : A petition, 
signed by not less than one-half of the qualified male 
citizens who are electors, residing in the territory sought 
to be transferred and accompanied by a correct map of the 
territory, shall be filed with the clerks of the boards of 
education interested. If such boards of education fail or 
refuse to transfer such territory by mutual consent, as 
herein provided, within sixty days from the filing of the 
etition and map, the petitioner shall file a copy of the 
petition and map in the probate court of the county in 
which the territory is situated, or, if it be situated in two 
or more counties, in the probate court of the county con- 
taining the largest proportionate share of the territory to 
be transferred. The petitioners shall give satisfactory se- 
curity for the costs in the sum of one hundred dollars, 
conditioned that they will pay all the costs in case the trans- 
fer is not granted. (R. S. Sec. 3895.) 

Section 4694. Thereupon the probate judge shall fix 
a day for the hearing of the petition and cause to be 
published for four consecutive weeks in two newspapers 
of opposite politics printed and of general circulation in 
the county, a notice of the filing of the petition and of the 
time of the hearing. He shall also notify the clerks of 
the boards of education interested of the filing of the peti- 
tion and the time of hearing. (R. S. Sec. 3895.) 

judgment Section 4695. The probate judge may hear and de- 

and costs. termine the case and give judgment for or against such 
transfer, and his judgment shall be final. In case the find- 
ing is against the transfer, judgment shall be rendered 
against the petitioners for the costs of the proceedings. 
If the finding is for the transfer, judgment shall be ren- 
dered against each of the boards of education interested 
for one-half of the costs or, if more than two boards are 
interested, judgment shall be rendered against each for its 
equal proportionate share of the costs. A certified copy of 
the findings of the court, together with a copy of the map 
of the territory transferred shall be filed by the probate 
judge in the office of the county auditor. (R. S. Sec. 
38950 
Apportionment Section 4606. When territory is so transferred from 

ot funds or 1 1 • 1 1 t • • r 

indebtedness one school district to another, the equitable division ot 
is^nsTcVre? funds or indebtedness shall be determined upon at the 



Notice of 
hearing. 



CLASSIFICATION OF DISTRICTS. 33 

time of the transfer. When territory is transferred from 
one district to another by proceedings in the probate court 
or by the annexation of territory to a city or village, the 
proper division of funds in the treasury, or in process of 
collection, of the board of education of the school district 
from which the territory is detached, shall, upon appli- 
cation to the probate court of the county in which such 
territory is situated by either board of education interested, 
be determined and ordered by such court. If such board 
of education is indebted, such indebtedness, together with 
the proper amount of money to be paid to such board by 
the board of education of the school district to which the 
territory is transferred, annexed, or of the district created, 
shall be in like manner determined and ordered by the 
court. (R. S. Sec. 3896.) 

Section 4697. If the territory is situated in two or Territory sit 
more counties, the application and proceedings shall be 
had in the probate court of the county containing the 
largest proportionate share of the transferred territory. 
The findings of the probate court shall be final. (R. S. 
Sec. 3896.) 



uated in two 
or more 

counties. 



CHAPTER 2. 

CITY SCHOOL DISTRICTS. 



Section 

4698. Board in districts of less than fifty 

thousand population. 

4699. Board in districts containing fifty thous- 

and or over. 

4700. Board shall fix number of members 

and subdistricts; boundaries. 

4701. Decennial redisricting; when school 

commissioner may act. 



4702. 
4703. 

•1704. 
4705. 



47< 6. 
4707. 



Terms and members in subdistricts. 
Terms of members elected at large. 
Qualifications of members; removal. 
When number of members may be 

changed; when election held. 
Assignment of territory attached to city. 
Redisricting shall not affect existing 
boards. 



Board in dis- 
tricts of less 
than fifty 
thousand 
population. 



Board in dis- 
tricts contain- 
ing fifty 
thousand or 
over. 



Board shall 
fix number of 
members and 
subdistricts; 
boundaries. 



Decennial 
redisricting; 
when school 
commissioner 
may act. 



Section 4698. In city school districts which at the 
last federal census contained a population of less than 
fifty thousand persons, the board of education shall consist 
of not less than three members nor more than seven mem- 
bers, elected at large by the qualified electors of such 
districts. (R. S. Sec. 3897.) 

Section 4699. In city school districts which at the 
last federal census contained a population of fifty thousand 
persons or over, the ^oard of education shall consist of 
not less than two members nor more than seven members, 
elected at large by the qualified electors of the school dis- 
trict and of not less than two members no more than 
thirty members elected from subdistricts by the qualified 
electors of their respective subdistricts. (R. S. Sec. 3897.) 

Section 4700. The board of education in each city 
school district, by resolution, shall fix within the limits so 
prescribed the number of members of the board of edu- 
cation, to be elected at large, and the number of members 
of the board to be elected by city districts. At the same 
time, the board shall subdivide such city school district 
into subdivisions equal in number to the number of mem- 
bers of the board of education in the district, who are to 
be elected from subdistricts therein so established. Such 
subdistricts shall be bounded, as far as practicable, by 
corporation lines, streets, alleys, avenues, public grounds, 
canals, water courses, ward boundaries, voting precinct 
boundaries, or present school district boundaries, and shall 
be as nearly equal in population as possible and be com- 
posed of adjacent and as compact territory as practicable. 
The lines of such subdistricts so fixed shall not be changed 
until after each succeeding federal census. (R. S. Sec. 
38970 

Section 4701. Within three months after the official 
announcement of the result of each succeeding federal 
census, the board of education of each such city school 
district shall redistrict such district into subdistricts in 
accordance with 'the provisions of this chapter. If the 
board of education of any such district fails to district 
or re-district such city school district, as herein required. 

34 



CITY SCHOOL DISTRICTS. 35 

then upon application of the president of the board of edu- 
cation, the state commissioner of common schools shall 
forthwith district or re-district such city school district, sub- 
ject to the requirements of this chapter. (R. S. Sec. 3897.) 

Section 4702. Such school districts shall be num- Terms of 
bered from one' up, consecutively. At the first election for Strict!" 
members of the board of education, the members to be 
elected to the board of education from subdistricts of odd- 
numbers, beginning with one, shall be elected for two years, 
and those elected -from subdistricts of even numbers shall 
be elected for four years, and at the expiration of their re- 
spective terms, their successors shall be elected for a term 
of four years. (R. S. Sec. 3897.) 

Section 4703. In city school districts, at the first elec- Terms of 
tion, all members of the board of education at large shall members 
be elected for terms as follows : If there are but two mem- f.}rge! d at 
bers of the board of education elected at large, one shall be 
elected for two years and one for four years. If there are 
more than two, and the number thereof is divisible by two, 
the one-half of such board shall be elected for two years 
and one-half for four years, but, if the whole number of 
members elected at large is not divisible by two, the num- 
ber to be elected for two years shall be the quotient ob- 
tained by dividing the whole number to be elected less one 
by two, and the remaining members shall be elected for 
four years. At the expiration of their respective terms, 
their successors shall be elected for four years. (R. S. Sec. 
3897- ) 

Section 4704. Members elected at large must be elec- Qualifications 
tors of the city school district, and members elected from of members- 
subdistricts must be electors of the city subdistricts from 
which they are chosen or of the territory attached to the 
subdistrict for school purposes. A removal of a member 
of the board from such subdistrict, territory or city school 
district shall vacate his office. (R. S. Sec. 3897.) 

Section 4705. The number of members of any such when number 
board of education shall not be changed, except at the time °* n m e mbers 
of the redisricting herein provided for within three months when election 
after the official announcement of the result of the federal held ' 
census. All members of the board of education of the 
city school districts shall be elected at the same time as 
municipal officers are elected and in the manner provided 
by law. (R. S. Sec. 3897.) 

Section 4706. When territory is attached to a city Assignment of 
district for school purposes, the board of education shall JerritJJrv 
assign such territory to the subdistrict or subdistricts ad- to city, 
joining it, and a map, showing such assignment, shall be 
made a part of the record of the board. The electors re- 
siding in such attached territory shall be entitled to vote 
for school officers and on all school questions in the sub- 
district to which they are assigned and in the election pre- 



36 CITY SCHOOL DISTRICTS. 

cinct nearest their residence. If the board of education 
fails to perform this duty, the electors residing in such 
attached territory may vote in the subdistrict and precinct 
nearest their residence. An elector residing in the city and 
not in the city school district shall not be entitled to vote 
in the city school district. (R. S. Sec. 3898.) 

. . Section 4707. The redisricting of a city school dis- 

shaii not affect tfict shall not affect the membership of the then existing 
boardsf board of education in such district. All members thereof 

shall continue to serve for the full term for which they 
were elected. After the expiration of such terms, the elec- 
tion of members of the board of education from subdis- 
tricts shall be by the subdistricts as redistricted. (R. S. 
Sec. 3900.) 



CHAPTER 3. 



VILLAGE DISTRICTS. 



Section 
4708. Board of 
47C9. Terms of 
tion. 



education in village districts, 
members chosen at first elec- 



Sbction 

1710 
4711 



Election in newly created village. 
Assignment of electors in attached ter- 
ritory for voting purposes. 



Terms of 
members 
chosen at first 
election. 



Election in 
newly created 
village. 



Section 4708. In village school districts, the board Board of 

of education shall consist of five members elected at large ^w^dii" 

at the same time as municipal officers are elected and in the tricts; 
manner provided by law. (R. S. Sec. 3908.) 

Section 4709. At the first election in such district, a 
board of education shall be elected, two members to serve 
for two years and three to serve for four years. At the 
proper municipal election held thereafter, their successors 
shall be elected for a term of four years. (R. S. Sec. 
3908.) 

Section 4710. In villages hereafter created, a board 
of education shall be elected as provided in the preceding 
section. If such election is a special election, the mem- 
bers elected shall serve for the term indicated in such sec- 
tion from the first Monday in January after the last pre- 
ceding election for members of the board of education, and 
the board shall organize on the second Monday after the 
special election. (R. S. Sec. 3909.) 

Section 471 1. Electors, residing in territory attached 
to a village district for school purposes, may vote for school 
officers and on all school questions at the proper voting 
place in the village to which the territory is attached. If 
the village is divided into precincts, the board of education 
of the village school district shall assign such attached ter- 
ritory to the adjoining precinct or precincts of the village, 
and have a map prepared showing such assignment, which 
map shall be made a part of the records of the board. Elec- 
tors _ residing in such attached territory may vote in the 
precinct to which they are assigned, but, if no assignment 
of territory is made, they shall vote in the precinct nearest 
their residence. An elector residing in the village but not 
in the village school district shall not vote in such village 
school district. (R. S. Sec. 3910.) 

37 



Assignment of 
electors in 
attached ter- 
ritory for 
voting pur- 
poses. 



CHAPTER 4. 

TOWNSHIP DISTRICTS. 



Section 

4712. Board of education in township districts. 

4713. First election in township districts. 

4714. Assignment of electors in attached ter- 

ritory for school purposes. 

4715. Compensation of members of board. 

SUBDISTRICTS. 

4716. Division of township into subdistricts. 

4717. Election of school director in subdistrict. 

4718. Notice of election of director. 

4719. Judges of election, poll book and tally 

sheet. 

4720. Failure to elect; procedure. 

4721. Meetings of qualified electors. 



Section 

4722. Duties of the director of subdistrict. 



JOINT SUBDISTRICTS. 

472:'. Joint subdistricts abolished. 

4724. Map of attached territory. 

4725. When subdistrict is part of township 

having centralized schools. 



CENTRALIZATION. 

4726. Submission of question of centralization. 

4727. Submission of question of decentraliza- 

tion. 



Board of edu- 
cation in 
township dis- 
tricts. 



First election 
in township 
districts. 



Section 4712. In township school districts, the board 
of education shall consist of five members elected at large 
at the same time township officers are ^elected and in the 
manner provided by law. (R. S. Sec. 3915.) 

Section 4713. At the first election in a township dis- 
trict, a board of education shall be elected, as herein pro- 
vided, two members to serve for two years and three to 
serve for four years. At the township election held every 
second year thereafter, their successors shall be elected 
for a term of four years. (R. S. Sec. 3915.) 

Quo warranto is the proper remedy to try a title to an office. 570 O. S., 
371. 

As to serving until successor is elected. 7 C. C, 1, 4; aff'd 29 B., 396. 

When judges^ and clerks of election fail to sign pollbooks and tallysheets, 
to fill up blanks in the caption, or to carry out the aggregate votes, such 
omissions and mistakes may be corrected upon the trial of a contest, by 
parol evidence, and when so corrected, the documents, sustained by the parol 
proof, are comp-tent evidence of the result of the election. 16 O. S., 184. 

The evident intent of the law requires that when the polls are once 
opened, they should be kept open until the hour prescribed for finally closing; 
but the statute on the conduct of elections, section 5^56, is said to be directory, 
and if so, "a departure from its strict observance will not necessarily invali- 
date an election, where no fraud has been practiced and no substantial right 
violated." 19 O. S., 25. 

The officers of an election board cannot, after dissolving the board and 
dispersing, return and perform any official act regarding such election. When 
they have dispersed, they cease to be officers of the election — are fundi 
officio. 21 O. S. 216; 14 O. S., 315. 

Pollbooks duly certified and returned are prima facie evidence of the 
truth of their contents, but this presumption will be rebutted by proof that 
they are fraudulent and fictitious to such an extent as to render them wholly 
unreliable. 26 O. S., 549. 

Quo warranto will lie where no provision for a contest is made by law 
— as was the case in the election of school directors against the respondent, 
whom the board recognized, and the fact that the relator has received a cer- 
tificate is not conclusive. 8 Rec. 432; 4 B., 1065. 

A person voted for under the name of E. H. Smith, whose name is 
H. E. Smith, there being no such man as E. H. Smith, should have the votes 
counted, if the judges are satisfied that the person H. E. Smith was intended. 
II. W. L ; M.', 589. 

In case a candidate receiving the highest number of votes at an election 
is ineligible, the next highest candidate is not elected 13 Cal., 145; 38 Maine, 
597; 1 Chandler, Wis., 117. 

McCrary _ on Elections, section 184: "The safe rule probably is that 
where an election board are found to have wilfully and deliberately committed 
a fraud, even though "it affect a number of votes too small to change the 
result, it is sufficient to destroy all confidence in their official acts, and 
to put the party claiming anything under the election conducted by them, 
to the proof of his votes, by evidence, other than the returns.'' See Judkins 
v. Hill, 50 N. H., 140; Knox Co. v. Davis, 63 111., 405; Russell v. State, 11 
Kan., 308. 

Receiving illegal or improper votes will not alone vitiate an election. 
It must be shown affirmatively, in order to overturn the declared result that 
flu wrongful action changed it. Dillon on Municipal Corporations, 261. 

38 



TOWNSHIP DISTRICTS. 



39 



Section 4714. Electors residing in territory attached Assignment of 
to a township school district for school purposes may vote ^J^hedler 
for school officers and on all school questions at the proper ritory for 
voting place in the township in which such territory is at- poses. pur 
tached. If the township is divided into different voting pre- 
cincts, the board of education of such district shall assign 
the attached territory to the adjoining precinct or precincts. 
If such territory is attached to more than one precinct, a 
map shall be prepared, showing such assignment, which map 
shall be made a part of the records of the board. Electors 
may vote according to such assignment, but, if no assign- 
ment of territory is made, they shall vote, in the precinct 
nearest their residence. An elector residing in the town- 
ship, but not in the township school district, shall not 
vote in such township school district. (R. S. Sec. 3916.) 

Section 4715. Each member of the township board compensation 
of education shall receive as compensation two dollars for °\ members 

1 of board. 

each meeting actually attended by such member, but for 
not more than ten meetings in any year. The compensa- 
tion allowed members of the board shall be paid from the 
contingent fund. (R. S. Sec. 3920.) 



SUBDISTRICTS. 



Section 4716. The division of township school dis- 
tricts into subdistricts as they exist shall continue and be 
recognized for the purpose of school attendance, but the 
board of .education may increase or diminish the num- 
ber or change the boundaries of the subdistricts at any 
regular meeting. A map designating such changes shall 
be entered upon the records of the board. (R. S. Sec. 
39 2I 

The term "sub-district," as used in section 1 of this supplemental 
act of April 9, 1S67 (fi4 v. 117), does not include the subordinate territorial 
divisions of separate school districts into which a city or village may be sub- 
divided, but applies exclusively to township or countv subdistricts. 10 O. S., 
577. 

Section 4717. In all township districts, the schools 
of which are not centralized or consolidated, there shall 
be elected on the second Monday of April each year by 
ballot, in each snbdistrict by the qualified electors thereof 
one competent person having the qualifications of an elector 
therein, who shall be styled director. (R. S. Sec. 3921a.) 

Section 4718. The director of each snbdistrict shall 
post written or printed notices in three or more conspic- 
uous places in his subdistrict, at least six days prior to 
such election, designating the day and hour of opening and 
the hour of closing the election. The election shall be held 
at the school house in the subdistrict. (R. S. Sec. 3921a.) 

Section 4710. The meeting shall be organized by the 
appointment of a chairman and secretary, who shall act 
as judges of the election under oath, which oath may be 
administered by the director of the subdistrict, or any 



Division of 
township into 
subdistricts. 



Election of 
school director 
in subdistrict. 



Notice of 
election of 
director. 



Judges of elec- 
tion, poll book 
and tally 
sheet. 



4 o 



T0WXSEIP DISTRICTS. 



Failure to 
elect; proced- 
ure. 



Meetings of 
qualified elec- 
tors. 



Duties of the 
director_ of 
subdistrict. 



other person competent to administer it. The secretary 
shall keep a poll book and tally sheet, which shall be 
signed by the judges and delivered within eight days to 
the clerk of the township board of education. In case of 
a tie vote, the judges of the election shall decide it by 
lot. (R. S. Sec. 3921a.) 

Section 4720. If there is a failure to elect a di- 
rector in any subdistrict or a director elected therein re- 
fuses to serve, or otherwise, the township board of edu- 
cation shall appoint a director for such subdistrict. (R. S. 
Sec. 3921a.) 

Section 4721. The qualified electors of the subdis- 
trict may hold their meetings at any time upon the call of 
the director or of any five.electors. Five days' notice shall 
be given of such meetings by posting notices in five public 
places in the vicinity. (R. S. Sec. 3921a.) 

Section 4722. The director of each subdistrict shall 
preside at the school meetings of the district, record the 
proceedings thereof, and act as the organ of communica- 
tion between the inhabitants and the township board of 
education. He shall take charge of the school house and 
property belonging thereto under the general order and di- 
rection of the township board of education, and preserve 
them. When so ordered by the board, he shall make all 
temporary repairs of the school house, furniture and 
fixtures and provide the necessary fuel for the school, re- 
porting the cost thereof to the board of education for 
payment. He shall take the enumeration of his sub- 
district and return it to the clerk of the board of ed- 
ucation in the manner prescribed by law. (R. S. Sec. 
3921a.) 



TOINT SUBDISTRTCTS. 



Joint sub- 
districts 
abolished. 



Map of at- 
tached terri- 
tory. 



Section 4723. Joint subdistricts are abolished and 
the territory of such districts situated in the township in 
which the school house of the joint district is not located 
shall be attached for school purposes to the township school 
district in which such school house is located. Such ter- 
ritory shall constitute a part of such township school dis- 
trict, and the title of all school property located therein 
is vested in the board of education of the township to which 
the territory is attached. (R. S. Sec. 3923.) 

Section 4724. A map of such attached territory shall 
be prepared under the direction of the board of education 
of the township district to which the territory is attached 
and made a part of the records of the board. A copy of 
such map shall be filed with the auditor of the county in 
which such territory is situated, or, if the territory is in 
two or more counties, it shall be filed with the auditor 
of each county. (R. S. Sec. 3923.) 



TOWNSHIP DISTRICTS. 



41 



Section 4725. When such joint subdistrict is a part 
of townships, both of which have centralized schools and 
no school is maintained in such subdistrict, the boundaries 
of the civil township so situated shall form the boundaries 
of the township school districts, and each township shall 
have control of the territory of such joint subdistrict lying 
within its boundaries. (R. S. Sec. 3923.) 



When joint 
subdistrict 
is part of 
townships 
having cen- 
tralized 
schools. 



CENTRALIZATION. 

Section 4726. A township board of education may 
submit the question of centralization, and, upon the petition 
of not less than one-fourth of the qualified electors of such 
township district, must submit such question to the vote 
of the qualified electors of such township district at a 
general or special election called for that purpose. If 
more votes are cast in favor of centralization than against 
it, at such election, such board of education shall pro- 
ceed at once to the centralization of schools of the town- 
ship, and, if necessary, purchase a site or sites and erect 
a suitable building or buildings thereon. If, at such election. 
more votes are cast against the proposition of centraliza- 
tion than for it, the question- shall not again be submitted 
to the electors of such township district for a period of 
two years. ( R. S. Sec. 3927-2, as amended May, 1910. ) 



Section 47 

,1; 



Vj. When the schools of a township have 
been centralized such centralization shall not be discon- 
tinued within three years, and then only by petition and 
election, as herein required. If at such election more votes 
are cast against centralization than for it, the division into 
subdistricts as they existed prior to centralization shall 
thereby he re-established, at the next regular election and 
subdistrict directors shall be elected, as herein provided. 
CR. S. Sec. 3927-2.) 



Submission 01 
question of 
centralization. 



Submission of 
question of 
decentraliza- 
tion. 



CHAPTER 5. 

SPECIAL SCHOOL DISTRICTS. 



Section 

4728. Special school district. 
How established. 
Bond; costs; remonstrance. 
Duty of probate judge on filing of pe- 
tition. 

4732.. Procedure upon hearing. 
4733. Fees; jurisdiction exclusive. 

Exisiting districts shall continue; ex- 
ception. 
Officers of existing districts shall hold 

until successors are elected. 
Board of education in special districts. 
When a new district is created. 
Elections in special school districts. 



4729. 
4730. 
4731. 



4734. 

4735. 

4736. 
4737. 

4738. 



Section 

4739. Mass meeting to fix time for holding 

first election. 
4710. Term of members of first board elected. 

ABANDONMENT OF SPECIAL DIS- 
TRICTS. 

4741. Election on question of abandonment 

of special district. 

4742. Where election shall be held and by 

whom conducted. 

4743. Form of ballot; result of election. 

17 44. How funds shall be apportioned in case 
of abandonment. 



Special school 
district. 



How estab- 
lished. 



Bond; costs; 
remonstrance. 



Section 4728. A special school district may be 
formed of any contiguous territory, not included within the 
limits of a city or village, which has a total tax valuation 
of not less than one hundred thousand dollars. (R. S. 
Sec. 3928.) 

Section 4729. To establish a special school district, 
a petition, signed by not less than ten male citizens who 
are electors of the proposed special district, shall be filed in 
the office of the probate judge of the county in which such 
special district is situated, or, if such district is situated in 
two or more counties, then with the probate judge of the 
county having the greatest total tax valuation of such pro- 
posed district. Such petition shall set forth the desires of 
the petitioners, shall contain a description of the territory 
to be included in the proposed special district and be ac- 
companied by a statement giving the total tax valuation 
of such territory certified to by the county auditor or aud- 
itors, and an accurate map of the territory, to be included 
in such district, which map shall be prepared to the sat- 
isfaction of the probate judge. (R. S. Sec. 3928.) 

Section 4730. Such petition shall be accompanied by 
a bond of one or more of the petitioners, in the sum of 
one hundred dollars, with sureties to the satisfaction of the 
probate judge, conditioned that the parties entering into 
the bond shall pay all the costs of the proceedings, if a 
special school district is not created, and, in such case, 
the probate' judge shall render judgment against the par- 
ties to the bond for all the costs of the proceedings. If 
the petition is granted, the costs shall be taxed against the 
special school district thereby authorized, and be paid by 
the board of education thereof thereafter elected, from 
any funds that may come into its possession. A remon- 
strance signed by one or more of the male citizens who 
are electors of the proposed district may be hied with the 
probate judge and musl be considered upon the hearing of 
the petition. (1\. S. Sec. 3028.) 

I -J 



SPECIAL SCHOOL DISTRICTS. 



43 



Section 4731. Upon the filing of a petition for the 
establishment of a special school district, the probate judge 
shall fix the time for the hearing of the petition, which shall 
be within sixty days of the filing thereof. Thereupon he 
shall cause to be published for four consecutive weeks in 
two newspapers of opposite politics, printed and of gen- 
eral circulation in the county where the petition is filed, 
notice of the filing of the petition and the time of the 
hearing thereon. Such notices shall be mailed to the clerk 
or clerks of the boards of education having territory in 
the proposed special school district. (R. S. Sec. 3929.) 

Section 4732. The probate judge may hear and de- 
termine the question of the establishment of such special 
school district, and may subpoena and examine witnesses 
under oath. He may change the boundaries of the pro- 
posed special school district, shall fix and determine the 
amount of money due and payable to the special district 
from the surplus money" in the treasury or in process of 
collection in the district or districts from which it was 
formed, or, in case of the indebtedness of such district or 
districts, he shall detremine the amount of money due and 
payable by the special district to the district or districts 
from which it was formed. In either case, the amount so 
found due, shall be a valid and binding obligation upon the 
board of education of such district or districts. (R. S. 
Sec. 3929.) 

Section 4733. The fees in cases involving the es- 
tablishment of special school districts shall be the same as 
in civil cases, and the jurisdiction of the probate court in 
such cases shall be exclusive. (R. S. Sec. 3929.) 

Section 4734. Nothing herein shall abolish any ex- 
isting special school district, but all such districts, whether 
created under a general or special act, including the ter- 
ritory now constituting them, shall, unless changed under 
the provisions of this chapter, continue to be and remain 
special school districts, except special districts which 
include within their boundaries a city or village. In such 
case the special district shall be a city or village school 
district with or without territory attached or detached, as 
the case may be. (R. S. Sec. 3928.) 

Special school districts which have been created by special act of the 
legislature are not legally constituted school districts, and must be re-estab- 
lished by petition to the probate court, as provided in sections 3928-3932, R. S. 

"It is not within the power conferred on the general assembly by the 
constitution to declare that things done and created under and by virtue 
of unconstitutional acts of the general assembly, nevertheless 'shall continue 
to be and remain and be recognized as legal.' "—73 O. S., 54. 

Section 4735. All officers and members of boards 
of education of existing special school districts, whether 
created by a special or general act, shall continue to hold 
and exercise their respective offices and powers until their 
successors are elected and qualified, as herein provided. 
(R. S. Sec. 3928.) 



Duty of pro- 
bate judge on 
filing of pe- 
tition. 



Procedure 

upon 

hearing. 



Fees; juris- 
diction ex- 
clusive. 



Existing dis- 
tricts shall 
continue; 
exception. 



Officers of 
existing dis- 
tricts shall hold 
until succes- 
sors are 
elected. 



44 



SPECIAL SCHOOL DISTRICTS. 



Board of edu- 
cation in 
special 

districts. 



When a new- 
district is 
created. 



Elections in 

special school 
districts. 



Mass meeting 
to fix time 
for holding 
first election. 



Term of mem- 
bers of first 
board elected. 



Election on 
question of 
abandonment 
of special 
district. 



Section 4736. The board of education ofspecial school 
districts shall consist of five members, elected at large at 
the same time as township officers are elected and in the 
manner provided by law. (R. S. Sec 3930.) 

Section 4737. At the first township election after the 
creation of a special district therein, a board of education 
shall be elected in such district, as herein provided, two 
members to serve for two years and three to serve for four 
years, and at the proper township election thereafter, their 
successors shall be elected for the term of four years. (R. 
S. Sec. 3930.) 

Section 4738. Elections of members of the board of 
education in special districts shall be held by the proper 
election officers of the township in which such districts are 
situated, and. if a special district is situated in two or more 
townships, the election shall be held by the election officers 
of the different townships for the electors residing in each 
township, respectfully, in the manner provided by law. 
(R. S. Sec. 3931.) 

Section 4739. When a special school district is creat- 
ed, a mass meeting of the electors of such district shall be 
called by the posting of notices in five public places in the 
district, setting forth the time and place of such meeting, 
and signed by at least three electors of the district. The 
electors assembled at such meeting shall elect a chairman 
and secretary and fix the time of holding the first election 
for members of the board of education. The time so fixed 
shall not be within twenty-five days of the time of holding 
such mass meeting. The chairman and secretary of the 
meeting shall immediately post notices in five public 
places within the district, giving the date of election, and 
shall notify the deputy state supervisors of elections of the 
county or counties of the names of the voting precincts hav- 
ing territory in such special school district and the probable 
number of electors in each precinct, in order that such depu- 
ty state supervisors may prepare ballots, poll books and tal- 
ly sheets at the time and in the manner provided by law. 
(R. S. Sec. 3932.) 

Section 4740. The board of education thus elected 
shall organize on the second Monday after the election, and 
the terms of members shall be, as hereinbefore provided, 
from the first Monday in January after the last preceding 
annual election of members of boards of education and un- 
til their successors are elected and qualified. (R. S. Sec. 
3932.) 

ABANDONMENT OF SPECIAL DISTRICTS. 

Section 4741. When a petition is signed by not less 
than one-third of the electors residing within the territory 
constituting a special school district, praying for the a- 
bandonment or continuance of such special district, is pre- 
sented to tlie board of education of such district, or when 
such board, by a majority vote of the full membership 



SPECIAL SCHOOL DISTRICTS. 



45 



thereof, shall decide to submit the question of abandoning 
or continuing the special school district, the board shall fix 
the time of holding such election at a special or general 
election. The clerk of the board shall notify the deputy 
state supervisors of elections as herein provided in case of 
first election, of the date of such election and the purposes 
thereof, and such deputy state supervisors shall provide 
therefor. The clerk of the board of education shall post 
notices thereof in five public places within the district. (R. 
S. Sec. 3935.) 

Section 4742. If the question is submitted at a spec- 
ial election in a district in two or more election precincts, it 
shall be held at the precinct nearest the school house in such 
special district, by the election officers of the precinct, and all 
the electors of the district may vote at such precinct. If 
the district is situated in two or more counties, the deputy 
state supervisors of the county in which such nearest elec- 
tion precinct is situated shall have charge of the election. 
If the question is submitted at a regular election, it shall be 
conducted in the same manner as the election of members 
of the board of education. (R. S. Sec. 3935.) 

Section 4743. The ballot shall be in the regular form 
but without the circle at the top, and shall have printed 
thereon, "Abandonment of special school district, yes" ; 
"Abandonment of special school district, no" or "Continu- 
ance of special school district, yes" ; or "Continuance of 
special school district, no", as the case may be. The ex- 
pense of the election shall be paid in the same manner as 
other school election expenses, and the returns thereof shall 
be made to the board of education of the special school dis- 
trict. If more votes are cast for abandonment than against 
it, cr against continuance than for it, such board shall certify 
the result to the board or boards of education of the town- 
ship or townships having territory in the special district, and 
the territory of the special district shall thereby revert to the 
township school district or districts from which it was origi- 
nally taken, except as hereinafter provided in case of in- 
debtedness of the special district. Otherwise such district 
shall continue to be and remain a legal special school district 
as theretofore constituted. (R. S. Sec. 3935.) 

Section 4744. The legal title of the property of a 
special school district in case of abandonment or failure to 
continue shall become vested in the board or boards of 
education of the township or townships in which such 
property is situated. The school funds of such special dis- 
trict shall be paid into the treasury of the township dis- 
trict, and if such special district is in two or more town- 
ships, such funds shall be divided between them in propor- 
tion to the total tax valuation of property in the several 
districts. The abandonment of a special school district 
shall not be complete until the board of education of the 
district has provided for the payment of any indebtedness 
that may exist. (R. S. Sec. 3935.) 



Where election 
s s .all be held 
and by whom 
conducted. 



Form of bal- 
lot; result of 
election. 



How funds 
shall be ap- 
portioned in 
case of 
ab.-.ndonment. 



CHAPTER 5. 

BOARDS OF EDUCATION. 



Section 

4745. When terms of members shall begin. 

4746. Oath of members of board and other 

officers. 

4747. Organization of the board. 

4748. Vacancies in board, how filled. 

4749. Corporate powers of board of education. 

4750. Board may make rules; legal meetings. 

4751. Special meeting of the board. 

4752. Quorum; yeas and nays in certain cases. 

4753. Absence of president or clerk. 

4754. Record of proceedings and attestation 

thereof. 



Section 

4755. Boards may accept bequests. 

-1756. How real property may be sold. 

4757. Conveyance and contracts. 

4758. Exchange of real estate. 

4759. School property exempt from taxation. 

4760. Processes against boards, how served. 

4761. Prosecuting attorney or city solicitor to- 

be counsel of school board. 

4762. When other officers may act; restric- 

tions. 



When terms 
of members 
shall begin. 



Oath of mem- 
bers of board 
and other 
officers. 



Section 4745. The terms of office of members of each 
board of education shall begin on the first Monday in Janu- 
ary after their election, and each such officer shall hold his 
office four years and until his successor is elected and quali- 
fied. (97 v. 40 § 2.) 

If a school district should fail to elect members of the board of educa- 
tion at a regular election, the members whose successors should have been 
chosen, continue to hold office until their successors are elected and qualified. 
Attorney General. 

Section 4746. Before entering upon the duties of his 
office, each person elected or appointed a member of a 
board of education or elected or appointed to any other 
office under this title shall take an oath to support the con- 
stitution of the United States and the constitution of this 
state and that he will perform faithfully the cluties of his 
office. Such oath may be administered by the clerk or any 
member of the board. (R. S. Sec. 3979.) 

Section 5032. The names of candidates for members of the 
board of education of a school district, however nominated, shall 
be placed on one independent and separate ballot without any 
designation whatever, except for member of board of education 
and the number of members to be elected. (98 v. 116 § 1.) 

Section 5033. The ballots for members of the board of edu- 
cation shall be prepared and printed as follows : The whole 
number of ballots to be printed for the school district shall be 
divided by the number of candidates for member of board of 
education of the district, and the quotient so obtained shall be 
the number of ballots in each series of ballots to be printed. The 
names of candidates shall be arranged in alphabetical order and 
the first series of ballots printed. Then the first name shall be 
placed last and the next series printed, and so shall the process 
be repeated until each name shall have been first. These ballots 
shall then be combined in tablets with no two of the same order 
of names together, except when there is but one candidate. (98 
v. 116 § 20 

School dis- Section 5034. In city school districts, the ballots for each 

tricts in cities, subdistrict shall contain the names of the candidates for member 
of the board of education from such subdistrict and also the names 
of the candidates to be elected at large. (97 v. 354 § 1.) 

When the legislature has fixed by law the time for holding an election 
of officers, an election at any other time, unless provided for by law, it 
unauthorized and void. 20 O. S., 167. 

When candidates for different terms are running for the office of mem- 

46 



Ballots for 
school board. 



How ballot for 
school board 
printed. 



BOARDS OF EDUCATION. 



47 



ber of the board of education, the term each is to serve should be desig- 
nated on the ballots and such designation cannot be discarded by the judges 
of election. 20 O. S„ 336. . ■ 

A person so elected may appear before any person authorized by law to 
administer an oath, and may take his oath of office. This should be done in 
case the member-elect is, for any reason, unable to attend the meeting for 
organization. The certificate of the officer administering the oath should be 
sent to the board and copied in the records to obviate all questions. For 
the same reason, a record should be made of the oath administered to each 
member. . . 

Officers who have sworn to perform official duties may be compelled to 
perform them by writ of mandamus. This writ issues from the supreme, circuit 
or common pleas court. Section 122S4 of the General Code. 

They also may be restrained from doing illegal acts under color of 
authority as officers by writ of injunction. This writ issues from the 
supreme, circuit or common pleas court, or a judge thereof; or from the 
probate court, in case none of the above named judges are in the county. 
Section 11877, General Code. 

But to boards of education is left large discretion as to the manner 
of performing their official duties, and courts will not interfere with this 
discretion. 23 O. S., 211. 

Officers required by law to exercise their judgments, are not answerable 
for mistakes of law or mere errors of judgment, where there is neither fraud 
nor malice. Jenkins v. Waldron, 11 Johnson's Rep., 114. 

An officer acting within the scope of his authority is only responsible 
for an injury resulting from a corrupt motive. 17 Ohio, 402. 

A public officer who is required by law to act in certain cases, accord- 
ing to his judgment or opinion, and subject to penalties for his neglect, is 
not liable to a party for an omission arising from a mistake or want^of skill, 
if acting in good faith. Seamen v. Patten, 2d Cain's Rep., 312. 

But an officer entrusted by the common law or by statute is liable to 
an action for negligence in the performance of his trust or for fraud or neg- 
lect in the execution of his office. Jenner v. Joliffe 9 John, Rep., 881. 

The performance of any act prohibited by statute, or any wilful neglect 
of duty, and for which no penalty is provided by enactment, is a misdemeanor. 

For the number of votes necessary in the election of officers of the 
board, see section 4752. 

President and clerk of township boards to attend December meeting of 
township trustees; Sec. 327£. 

Inspection of school funds in case of non-attendance of president and 
clerk as required by Sec. 3273; see Sec. 3313. 

Section 4747. The board of education of each school 
district shall organize on the first Monday of January after 
the election of members of such board. One member of 
the board shall be elected president, one as vice president 
and in township school districts the clerk of the township 
shall be clerk of the board. The president and vice presi- 
dent shall serve for a term of one year and the clerk for a 
term not to exceed two years. Tn all other districts a per- 
son who may or may not be a member of the board shall 
be elected clerk. The board shall fix the time of holding its 
regular meetings. (As amended April 28, 1910.) 

President of bdard of education is an officer within the meaning of sec- 
tion 8, G. C, and holds over until successor qualifies. State v. Withrow, 31 
O. C, 215 (11 N. S., 569.) 



A vacancy in any board of education 
death, non-residence, resignation, re- 



Section 4748. 
may be caused by 

moval from office, failure of a person elected or appointed 
to qualify within ten days after the organization of the 
board or of his appointment, removal from the district or 
absence from meetings of the board for a period of ninety 
days, if such absence is caused by reasons declared insuffi- 
cient by a two-thirds vote of the remaining members of the 
board,, which vote must be taken and entered upon the re- 
cords of the board not less than thirty days after such ab- 
sence. Any such vacancy shall be filled by the board at 
its next regular or special meeting, or as soon thereafter 
as possible, by election for the unexpired term. A majori- 
ty vote of all the remaining members of the board may fill 
any such vacancy. (R. S. Sec. 3981.) 



Organization 
of the board. 



Vacancies is 
board, how 
filled. 



48 



BOARDS OF EDUCATION. 



Corporate 
powers of 
board of 
education. 



Board may 
make rules; 
local meet- 
ings. 



Section 4749. The board of education of each 
school district, organized under the provisions of this title, 
shall be a body politic and corporate, and, as such, capable 
of suing and being sued, contracting and being contracted 
with, acquiring, holding, possessing and disposing of real 
and personal property, and taking and holding in trust for 
the use and benefit of such district any grant or devise of 
land and any donation or bequest of money or other per- 
sonal property and of exercising such other powers and 
privileges as are conferred by this title and the laws relat- 
ing to the public schools of this state. (R. S. Sec. 3971.) 

For "an act to authorize certain boards of education to sell real estate 
at private sale 10 municipal corporations," see 81 v. 93. 

For "an act to authorize the use of school houses for literary entertain- 
ments, school exhibitions, singing schools, and religious exercises," see Sec. 
7G22. 

A board of education is not liable, in its corporate capacity, for damages 
for an injury resulting to a pupil while attending a common school, from its 
negligence in the discharge of its official duty in the erection and mainte- 
nance of a common school building under its charge, in the absence of a 
statute creating a liability. 30 O. S., 37. 

A dedication for school purposes is for a specific use, and confers no 
power of alienation so as to extinguish the use. 18 O. S., 221. 

Boards of education are invested with the title to the property of their 
respective districts in trust for the use of public schools; and a lease of a 
public school house for the purpose of having a private or select school taught 
therein, for a term of weeks, is in violation of the trust; and such use may 
be restrained at the suit of a resident taxpayer of the district. _ 35 O. S., 143. 

Where land was conveyed to a township board of education, its succes- 
sors and assigns, for the use of school purposes only, and the board after- 
ward sold the land at public outcry to C. : Held, that the sale was not in 
violation of the terms of the grant." 37 O. S., 262. 

The board of education being a legal entity empowered to sue has 
capacity to sue its defaulting treasurer without resorting to his bond. 51 
O. S., 115. 

An officer acting within the scope of his authority is only responsible 
for an injury resulting from a corrupt motive. 17 O., 402. 

A board of education is not subject to quo warranto, since it cannot be 
ousted; it is not such a- corporation as R. S., Sec. 6761 contemplates, but a 
state agency. 7 C. C, 152. 

Corporations must take and grant by their corporate names. 2 Kent., 
11 Ed., 351. 

Section 4750. The board of education shall make 
such rules and regulations as it deems necessary for its 
government and the government of its employes and the pu- 
pils of the schools. No meeting of a board of education, 
not provided for by its rules or by law, shall be legal unless 
all the members thereof have been notified, as provided in 
the next section. (R. S. Sec. 3985.) 

Board can not authorize clerk to become custodian of tuition funds under 
this section. 74 O. S., 80. See State ex rel. v. Wickham under section 7684. 

As the act authorizing the board to make rules does not provide how 
they shall be enforced, the board has discretionary power over the subject. A 
rule that a pupil not prepared with a rhetorical exercise should be suspended 
unless excused for cause is reasonable. Neither the board nor the teacher 
suspending a pupil under such rule is liable for damages. 29 O. S., 89. 

The rules must not be inconsistent with Sec. 39S2 R. S., 52 O. S., 138, 
149. 

If a deliberative body adopts rules, but no rule for suspending a rule, 
a suspension cannot be bv a bare majority, for the rule would then have no 
force as a rule. 2 C. C, 510, 517. 

Corporal punishment may be inflicted if such are the rules of the 
school, and an unknown predisposition to certain diseases will not make an 
otherwise proper punishment tortuous. 4 B.. 81. 

A reporter is on the floor of a school board as a privilege and not as a 
right, a gallery being provided for the rest of the public, and the board may 
expel him. 9 B., 212. 

SCHOOL DISCIPLINE. 

The conduct of the pupils upon any part of the premises, connected with 
the school house or in the immediate vicinity of the same (the pupils being 
thus virtually under the care of the teacher), whether within the regular 
school hours or before or after them, is properly cognizable by the teacher. 
And any disturbance made by them within range injuriously affecting 
in any way the interests of t he school, may clearly be the subject of re- 
proof and correction by the teacher. Barden, School Law, p. 70. 



HOARDS OF EDUCATION, 



fractiS^ Has always been 

the limits of moderate correction and L f ? ent mi ' st not c ™<*d 
view to the maintenance of necessary order 3 / S ^ b ° Und ' Ulth a 

with all reasonable indulgence upon Th^ exercise T™ ■"? Schools > to look 
the correction shall appear to have heVn ^11 \ thl . s nght > - vet > whenever 

be adjudged illegal. 10 Vt. 108 y excessive and cruel, it must 

what pinisEem "w^4!^hr^ i I0r a h ;^^ ^J"^ in determining 
m a clear case of excess. Johnson v State 9 w * U -L 1S !iable > criminally, 
acts judicially in such a case and is' not to I 3* ?m The „ eachcr also 
ma y, unless he acted with express LZ e nr „„ dC i ubl r e ' Clvllly or C1 " im " 
mahce must be implied. 2 Dev and Bat ' ££. ? T gU , h £ of such exces s that 

miscoJdtT^^SttTd" 1 :?!^ & SsmSsafof" iW £° PU ™ h a P*P d «* 
return of the pupil to his home! yet Te mav on* JE? 1 H the day and the 
punish him for any misbehavior though coLStJi ^l 8 T tU ^ n to sch ° o1 ' 
a direct or immediate tendency to iniure i1° ? f d °, ut ° f sch ° o1 . which ha ^ 
authority. 32 Vt. 114 Y JUre lhe sch ° o1 and to subvert the master's 

* beYh^on^^ on this subject, it seems 

er's authority over a pupil extends to al action /'^ Sta: , CS that the teach " 

diatt vicinity of the school; that on el, S ^^ m the imme " 

the authority of the parent and teacher , PP S Way to and from school 

fu,ne 5 &£•»«« s e 'i?fB'^ " ,,pai " " ,e use " 

ness of any of its rules but fthov h,J d an<1 , ">« "P»" the reasonable- 

|f"1s SSSf or"teSS-JB *S - ' - -c,\" si r u,U f & 
23 Pick., 224; 2 Cushing, i 9S un dersome apparently reasonable pretense. 



49 



not make'^ucrw'wer'rpTetext for^ltTlr^ C ° rP ° ral P^^nt. must 
must be sufficient, the instr men suitable 1 and d t 0ppreSsion = b ^ the' cause 
he correction, the part of the pe son n Jhl V ma ? n ? and extent of 
in which it is inflicted, should be Tstin<n ed with ffP 1 "^ an ° the temper 
and propriety which become the statfoS ?" r%n*Z if kindness, prudence, 

. A schoolmaster is not relfeifed from Habili'v i M A cJunk ™> 4 Ind. f 290. 

ishment of a scholar which is clearly excess i™ a L " dama « es f °r the pun- 
that, he acted in good faith and without malic 'l™"? ^^'. b >' the *«* 
punishment was necessary both for the rlfl r hone / tI y thinking that the 
welfare of the scholar. he dlscl P hne of the school and the 

the te"& C ^ punishment was excessive, 

ft 123; Wharton's American Crl^ ^and^ t^J?™^ 

superio" court Ca of SL£S£ P^ge" Harmo^ i^ch^' a , "* " ied j " *« 
following language: g naimon, m charging the jury, used the 

"If the jury should find the defendent JU „ rt+ ■ 
cumstances, inflict a greater degree nf^lci ? t; ,n view of aI1 the cir- 

than she was fairly entitled tol an w ^ pt, nt PO " the plaintiffs son 
for defendant. But if thev «;hn,,lH ' fi i P 10p f.\' of course they mu*t find 
would be necessary to go f lr tl e^and hmuirJ ^ g ,° b f yond that ' * h ™ * 
be allowed. The law holds a person SSJ«ih£ ° ^ dama ?« that should 
ordinary consequences of his acts These con il ^ { °l- t , he naturaI and 
siimes he might or should have fo'reseen aJTh^S^ Whlch - ,he law P re " 
Therefore, it might make a difference n lhltJT\ K c ° m . mitted the act. 
should appear that the child was affhVrVd t^ ° Unt of J . their finding if it 
diseases, and the defendant had no no ice thereof °/ P r ^ dls P osed to certain 
himself h,s appearance, or otherwise If the H °fL/ 01 ? r 1S P ar , ent s, the boy 
she had of the boy and his appearance wonlA. ^Jh f /°- m the knowledge 
to be hke other boys of his a ge P a "d fnflicted on J " ed in s «PP osi "g '"m 
she would not be liable at all even though IS 3 F'? 1361 " P un >shment, then 
in the boy's constitution should cause t , v f? 3 ' f ^ me hidden defect 
if they should find for the plaintiff rhl t V \ Y /° hlS heaIth to foll ow. Or, 
prevent her from being lLble for , SCt ° f 'France on her part would 

ness or .predisposition V ne bov' of^hkh^f"? 3rising from --h weal 
which his appearance furnished I Ao warning sh ^ wa %, ] gnorant ,n fact, and of 
send their children to school whose health' o ^ th ? f - dut y of , Parents who 
punishment permitted by the rules of the Jhn d ,sp0Sltl0n would rend " the 
see the teacher is informed of the fact." da ngerous or improper, to 

Section 4751. A special meeting of a board of prfnm 

may be called bv the nresirW t ^tuful°K educ ^ Specia 



tion 
anv 



f t/p*-- ** spc^idi meeting- or a board of Prln^o 

Cn e^b f b^ * e - PreSident ° r ^-kThereoflrby ST' 
two^members, by serving a written notice of the time board ' 



5<3 BOARDS OF EDUCATION. 

and place of such meeting upon each member of the board 
either personally or at his residence or usual place of busi- 
ness. Such notice must be signed by the official or mem- 
bers calling the meeting. (R. S. Sec. 3978.) 

Quorum; yeas Section 4/52. A majority of the members of a 

c?r1a?n y ca™s. board of education shall constitute a quorum for the trans- 
action of business. Upon a motion to adopt a resolution 
authorizing the purchase or sale of real or personal proper- 
ty or to employ a superintendent or teacher, janitor or other 
employe or to elect or appoint an officer or to pay any debt 
or claim or to adopt any text book, the clerk of the board 
shall publicly call the roll of the members composing the 
board and enter on the record the names of those voting 
"Aye'' and the names of those voting "No' : . If a majori- 
ty of all the members of the board vote aye, the president 
shall declare the motiont carried. Upon any motion or 
resolution, a member of the board may demand the yeas 
and nays, and thereupon the clerk shall call the roll and re- 
cord the names of those voting "Aye" and those voting 
"No". Each board may provide for the payment of su- 
perintendents, teachers and other employes by pay-roll, if 
it deems advisable, but in all cases such roll call and record 
shall be complied with. (R. S. Sec. 3982.) 

Records of quasi corporations are not considered of that absolute verity 
that parol testimony is inadmissible to show facts upon which the record is 
silent. 5 O., 136. 

An agreement by members of a township board of education, acting in 
their individual capacity, to purchase from another person apparatus for the 
schools of the township, and to ratify such contract of purchase at the next 
meeting of the board, is contrary to public policy, and therefore illegal and 
void, and not enforceable either against the board or the members thereof 
as individuals. 29 O. S., 419. 

The order of the clerk on the treasurer is not negotiable, and the written 
acceptance of an order by a treasurer who has gone out of office imposes 
no greater obligation on the treasurer to pay than if it had been presented 
without such endorsement. 22 O. S., 144. 

Calling the roll and entering the "ayes" and "noes" is mandatory else 
the election is void. 52 O. S., 138. 

Where the minutes show the aye and nay vote and how each member 
voted but does not state expressly that the roll was called, this is sufficient 
compliance with this section. 13 C. C, 207. 

An election to fill a vacancy on the board is not an election of an officer 
and would not come under the provisions of this section. 

In case a board should really lose half or more of its members, the 
county commissioners must keep up the schools. As they may do all that a 
board could do, they may appoint a new board, or members enough to pro- 
ceed with the appointment to the completion of a new board; see Sec. 7610. 

In all cases except those which are declared to require a majority of all 
the members composing the board, a majority of a quorum is sufficient to 
pass a measure, and the roll need not be called unless demanded bv a member 
of the board. 

No member of a board can delegate his power to act to another person, 
either a member of the board or otherwise. It is said that this is sometimes 
done. But acts depending on such delegated votes are void. For heavy 
penalty attached to such assumption of official dutv, see Revised Statutes, 
Sec. 6913. 

Absence of Section 4753. Tf the president or clerk is absent at 

president or any meeting of the board of education, the members pres- 
ent shall choose one of their number to serve in his place 
pro tempore. If both the president and clerk are absent, 
both places shall be filled. On the appearance of either at 
the meeting after his place has been so filled, he shall immedi- 
ately assume the duties of his office. (R. S. Sec. 3983.) 

Record „f Section 4754. The clerk of the board of education 

,and ce a e t!esfa- slia11 record the proceedings of each meeting in a book 
'tion thereof, to be provided by tlic board for that purpose, which shall 



HOARDS OF EDUCATION. 

be a public record. The record of proceedings at each 
meeting of the board shall be read at its next succeeding 
meeting, corrected, if necessary, and approved, which ap- 
proval shall be noted in the proceedings. After such ap- 
proval, the president shall sign the record and the clerk at- 
test it. (R. S. Sec. 3984.) 

A board of education can speak only through its records and these 
must accordingly be complete, shown,, just what* the board did and no 
V motion made by a member, seconded by another member stated 



5^ 




may be such as to defeat what was attempted to 'be done in the 




Recording of vote in certain cases; see Sec 475-? 
Wher- 



may. 
be- 



ss? wS - ^--^-f x t; -c^r s^&^s 

_ SFsaid board. ?C°C S , 51 b 7 V C ° mpetent P aro1 testimony, such official acS 

Section 4755. By the adoption of a resolution, a Boards 
Doarcl ol education may accept any bequest made to it bv accept 
will or may accept any gift or endowment from any per- *"** 
son or corporation upon the conditions and stipulations 
contained m the will or connected with the gift or endow- 
ment. For the purpose of enabling the board to carry out 
the conditions and limitations upon which a bequest gift 
or endowment is made, it may make all rules and regula- 
tions required to fully carry them into effect. No such be- 
quest, gift or endowment shall be accepted by the board if 
the conditions thereof shall remove any portion of the pub- 
lic schools from the control of such board. (R S 9 ec 
39750 ' 

Section 4756. When a board of education decides to „ 
dispose of real or personal property, held by it in its corpo- S^W 
rate capacity, exceeding in value three hundred dollars it be sold - 
shall sell such property at pubic auction after giving at least 
thirty days' notice thereof by publication in a newspaper 
ot general circulation or by posting notices thereof in five 
ot the most public places in the district in whch such prop- 
erty is situated. When the board has twice so offered a 
tract of real estate for sale at public auction and it is not 
sold, the board may sell it at private sale, either as an en- 
tire tract or in parcels, as the board deems best. The presi- 
dent and secretary of the board shall execute and deliver 
deeds necessary to complete such sale. (R. S. Sec. 3971.) 

Section 4757. Conveyances made bv a board of Conveyance 
education shall be executed by the president and clerk and contracts - 



BOARDS OF EDUCATION. 



Member of 
board of edu- 
cation accept- 
ing compen- 
sation. 



Officer or 
agent inter- 
ested in 
contracts. 



Same as to 
other con- 
tracts. 



Emplyoing 
relative as 
teacher. 



Exchange of 
real estate. 



School prop- 
erty exempt 
from taxa- 
tion. 



thereof. Xo member of the board shall have directly or 
indirectly any pecuniary interest in any contract of the 
board or be employed in any manner for compensation by 
the board of which he is a member except as clerk or treas- 
urer. No contract shall be binding upon any board unless 
it is made or authorized at a regular or special meeting of 
such board. (R. S. Sec. 3974.) 

Section 12883. Whoever, being a member of a board of 
education, accepts or receives for his services as such member 
any compensation except as clerk or treasurer of such board or as 
otherwise provided by law, shall be imprisoned in the penitentiary 
not less than one year nor more than twenty-one year- and fined 
double the amount of money or other property so accepted or 
received. (R. S. Sec. 6975.) 

Section 12910. Whoever, holding an office of trust or profit 
by election or appointment, or as agent, servant or employe of such 
officer or of a board of such officers, is interested in a contract 
for the purchase of property, supplies or fire insurance for the use 
of the county, township, city, village, board of education or a 
public institution with which he is concerned, shall be imprisoned 
in the penitentiary not less than one year nor more than ten vears. 
(R. S. Sec. 6969.) 

Section 12911. Whoever, holding an office of trust or profit, 
by election or appointment, or as agent, servant or employe of 
such officer or of a board of such officers, is interested in a con- 
tract for the purchase of property, supplies or tire insurance for 
the use of the county, township, city, village, board of educa- 
tion or a public institution with which he is not connected, and 
the amount of such contract exceeds the sum of fifty dollars, unless 
such contract is let on bids duly advertised as provided by law, 
shall be imprisoned in the penitentiary not less than one year nor 
more than ten years. ( R. S. Sec. 6969.) 

Section 12932. Whoever, being a local director or member 
of a board of education, votes for or participates in the making 
of a contract with a person as a teacher or instructor in a public 
school to whom he or she is related as father or brother, mother 
or sister, or acts in a matter in which he or she is pecuniarily 
interested, shall be fined not less than twenty five dollars nor more 
than five hundred dollars or imprisoned not more than six months, 
or both. (R. S. Sec. 6975a.) 

Section 4758. Upon a vote of a majority of the 
members of a board of education and a concurring vote of 
the council of a municipal corporation, declaring that an 
exchange of real estate held by such board for school pur- 
poses for real estate held by such municipal corporation for 
municipal purposes will be mutually beneficial to such 
school district and municipal corporation, such exchange 
may be made by conveyances, executed by the* mayor and 
clerk of the corporation and by the president and clerk of 
the board of education, respectively. (R. S. Sec. 3971.) 

Section 4759. Real or personal property vested in 
any board of education shall be exempt from taxation and 
from sale on execution or other writ or order in the nature 
of an execution. (R. S. Sec. 3973.) 

Non-taxation of school property; Sec. 5349. 

Provisions relating to taxation of school, ministerial, and other lands; 
Sec. 5330. 

School property is not liable to assessment for street improvement; nor 
can a judgment be rendered against the board of education for the payment 
of the assessment out of its contingent fund. 48 O. S., 83. 

Sidewalk — School property not assessable for. 48 O. S., 87. 

Property purchased by a board of education, and upon which there it 
a mortgage lien, may be sold on foreclosure. 39 B., 76; Aff'd by Supreme 
Court. 



BOARDS OF EDUCATION. 



53 



Prosecuting 
attorney or 
city solicitor 
to be counsel; 
of school 
board. 



Section 4760. Process in all suits against a board of Processes 

education shall be by summons which shall be served by a s ainst boards, 

leaving a copy thereof with the clerk or president of the h ° W "^ 
board. (R. S. Sec. 3976.) 

Section 4761. Except in city school districts the 
prosecuting attorney of the county shall be the legal adviser 
of all boards of education of the county in which he is 
serving. He shall prosecute all actions against a member 
or officer of a board of education for malfeasance or mis- 
feasance in office, and he shall be the legal counsel of such 
boards or the officers thereof in all civil actions brought by 
or against them and shall conduct such actions in his official 
capacity. A\ hen such civil action is between two or more 
boards i education in the same county, the prosecuting at- 
torney shall not be required to act for either of them In 
city school districts, the city solicitor shall be the legal ad- 
viser and attorney for the board of education thereof, and 
shall perform the same services for such board as herein 
required ot the prosecuting attorney for other boards of 
education ot the county. (R. S. Sec. 3977.) 

It has been held by attorneys for the state that since a board nf erln 
cation by the provisions of section 4749 is a body poli tic and I corporate and is 
tYon to^LS* TT ° f SU i ng and . bei "S sued! ft is authorized by implica 

Section 4762. The duties prescribed by the preced- 
ing section shall devolve upon any official serving in a ca- 
pacity similar to that of prosecuting attorney or city solici- 
tor tor the territory wherein a school district is situated re- 
gardless of Ins official designation. No prosecuting' at- 
torney, city solicitor or other official acting in a similar ca- 
pacity shall be a member of the bord of education No 
compensation in addition to such officer's regular salary 
shall be allowed for such services. (R. S Sec 3977 ) 



When other 
officers may 
act; restric- 
tions. 



CHAPTER 7. 
TREASURER AXD CLERK. 



Section 

4763. Treasurer of school funds. 

4764. Bond of treasurer. 

4765. Additional sureties or new bond. 

4766. Filing and approval of bond. 

4767. Counting of funds. 

4768. When treasurer may receive or pay 

money. 

4769. Maximum amount of funds which treas- 

urer may hold. 

4770. Annual settlement by treasurer with 

county auditor. 

4771. Compensation for making settlement. 

4772. Penalty for failure to make settlement. 

4773. Treasurer to deliver funds to successor. 

4774. Bond of clerk. 



Section 

4775. Annual statistical report of board of 

expenditures by clerk. 

4776. Publication of statement of receipts and 

expenditures. 
-1777. Clerk to deliver books, etc., to successor. 

4778. How treasurer and clerk to keep ac- 

counts. 

4779. Clerk's account. 

4780. Treasurer';, account. 

47 Q 1. Compensation of treasurer and clerk. 

4782. When treasurer of school moneys may 

be dispensed with. 

4783. When clerk shall perform the duties of 

treasurer. 

4784. Provisions when depository ceases to 

act. 



Treasurer of 
school funds. 



Bond of 
treasurer. 



Additional 
fiureties or 
new bond. 



Section 4763. In each city, village and township 
school district, the treasurer of the city, village and town- 
ship funds, respectively, shall be the treasurer of the school 
funds. In each special district the board of education shall 
choose its own treasurer, whose term of office shall be for 
one year beginning on the first day of September. (R. S. 
Sec. 4042.) 

The relations between the board of education and the treasurer are 
such that one person can not be a member of the board and at the same 
time act as its treasurer. In passing upon the sufficiency of the treasurer's 
bond, if he be a member of the board, his own vote may determine the action 
of the board in reference to said bond. 

Sec. 19. The state, any county, township, municipal corporation, or 
school board, shall not be precluded by the illegal loan or deposit by any 
officer or agent of public money, funds, property, bonds, securities, or assets, 
belonging to it, from suing for and recovering the same; and such suit shall 
not be held to be an adoption or satisfaction of such illegal transaction. 

Embezzlement of school funds, penalty; see sections 12873, 12878. 

What is prima facie evidence of embezzlement by public officers; see 
Sec. 13674. 

Township trustees have no authority to release a treasurer from his 
liability for any portion of the school fund belonging to the township. 
13 O, 495. 

Section 4764. Before entering upon the duties of his 
office, each school district treasurer shall execute a bond, 
with sufficient sureties, in a sum not less than the amount of 
school funds that may come into his hands, payable to the 
state, approved by the board of education, and conditioned 
for the faithful disbursment according to law of all funds 
which come into his hands, provided that when school 
moneys have been deposited under the provisions of sec- 
tions 7604-7608 inclusive, the bond shall be in such amount- 
as the board of education may require. (As amended 
May to, 1910.) 

Section 4765. Thereafter such treasurer may be re- 
quired to give additional sureties on his accepted bond, or 
to execute a new bond with sufficient sureties to the approv- 
al of the board of education when such board deems it 
necessary. If he fails for ten days after service of notice 
in writing of such requisition, to give such bond or ad- 
ditional sureties, as so required, the office shall be declared 
vacant and filler! as in other cases. ("R. S. Sec. 4043.) 

54 



TREASURER AND CLERK. 



55 



Section 4766. Each such bond, when so executed 
and approved, shall be filed with the clerk of the board of 
education of the district, and recorded. He shall cause a 
certified copy thereof or the names of additional sureties, 
to be filed with the county auditor without delay. (R. S. 
Sec. 4043.) 

Section 4767. Such board at the time of the approval 
of any bond or sureties, shall require the treasurer of the 
school funds to produce all money, bonds or other sucuri- 
ties in his hands as such treasurer, and they then must be 
counted by the board or a committee thereof, in the pres- 
ence of its clerk, who thereupon shall enter upon the re- 
cords of the board, a certificate, setting forth the exact a- 
mount of money or securities so found in the hands of such 
treasurer. Such record shall be signed by the president 
and clerk of the board and be prima facie evidence that 
the amount therein stated was actually in the treasury at 
that date. (R. S. Sec. 4043.) 

Section 4768. No treasurer of a school district 
shall pay out any school money except on an order signed 
by the president or vice-president, and countersigned by the 
clerk of the board of education, and when such school 
moneys have been deposited as provided by sections 7604- 
7608 inclusive, no money shall be withdrawn from any 
such depository, except upon an order signed by the treasur- 
er and by the president or vice president and countersigned 
by the clerk of the board of education ; and on money shall 
be paid to the treasurer of the district other than that re- 
ceived from the county treasurer, except upon the order of 
the clerk of the board, who shall report the amount of such 
miscellaneous receipts to the county auditor each year im- 
mediately preceding such treasurer's settlement with the 
auditor. (As amended May 10, 1910.) 

A board of education has capacity to sue its treasurer for money re- 
ceived and not accounted for. The remedy is not limited to an action on the 
bond, but may be for money had and received. 51 O. S., 115. ' 

The. treasurer should not pay an order for what he believes to be an 
illegal object, until he can consult with other members of the board, and 
have the question fully investigated. A man of discretion is supposed to 
be chosen to this, as to other offices, that the chances for discovering errors 
and fraud may be multiplied. 

Section 4769. The clerk of a board of education or 
the county auditor shall pay no money into the hands of 
the treasurer of a school district in excess of the amount 
of his bond. Should any such clerk or auditor violate this 
provision, he and his bondsmen shall be liable for any loss 
occasioned thereby. But where depositories for school 
funds have been created under the provisions of sections 
760.1-7608 inclusive, all school moneys shall be paid directly 
into such depository or depositories by the auditor upon the 
written order of the board of education signed by the presi- 
dent or vice president and countersigned by the" clerk. In 
case the school funds have been deposited under the pro- 
visions of sections 7604-7608 inclusive, the limitation of 
payment herein contained shall not apply. Before giving 



Filing and ap- 
proval of 
bond. 



Counting of 
funds. 



When treas- 
urer may re- 
ceive or pay 
money. 



Maximum 
amount of 
funds which 
treasurer may 
hold. 



56 



TREASURER AND CLERK. 



such treasurer a warrant or order for school funds, the 
auditor may require the treasurer to file with him a state- 
ment showing the amount of such funds in his possession, 
signed by the clerk of the board of education. (R. S. Sec. 
4048.) 
Annual settle- Section 4770 Within the first ten days of Septem- 

"«' wfth treas ' her, eacn . vear < tne treasurer shall settle with the county 
county auditor, auditor for the preceding school year, and for that purpose 
he shall make a certified statement showing the amount of 
money received, from whom, and on what account, the a- 
mount paid out, and for what purpose. He shall produce 
vouchers for all payments made. If the auditor, on exami- 
nation, finds the statement and vouchers to be correct, he 
shall give the treasurer a certificate of the fact, which shall 
prima facie be a discharge of the treasurer for the money 
paid. When the treasurer's term begins on the first day 
of September, the annual settlement shall be made by the 
outgoing treasurer. (R. S. Sec. 4044.) 

If it is evident to the county auditor that the school moneys have been 
illegally paid out, as they would if paid to any member of a board of 
education on any contract with such board, or as an employee thereof, it is 
his duty to refuse the treasurer credit for the same. If moneys have been 
paid from the wrong fund, as from the school fund, when the law says it 
must be township fund, the auditor must not allow credit to such orders. He 
should insist on their correction by the board, or correct them himself by 
proper debit and credit. No voucher should be received by the auditor which 
he has reason to believe a court of law would reject. No paper is a voucher 
for the payment of money to A, which has not A's receipt on it, or accom- 
panying it. An order properly made out, but merely marked "paid" by the 
treasurer, is not a receipt. 

Section 4771. For making such settlement, the 
treasurer shall be entitled to receive the- sum of one dollar, 
and also five cents per mile for traveling to and from the 
county seat, to be paid from the county treasury, on the 
order of the county auditor. (R. S. Sec. 4044.) 

Penalty for Section 4772. If the treasurer of any school district 

settkment. ma c willfully or negligently fails to make such annual settle- 
ment within the time so prescribed, he shall forfeit and 
pay fifty dollars, to be recovered in a civil action in the 
name of the state, which amount, when collected, shall be 
paid into the county treasury and applied to the use of the 
common schools in his district. In case of such failure, the 
county auditor shall proceed forthwith to recover the for- 
feiture by suit against the treasurer before a justice of the 
peace of the county. (R. S. Sec. 4045.) 

Section 4773. At the expiration of his term of ser- 
vice, each treasurer shall deliver to his successor in office, 
all books, papers, money, and other property in his hands 
belonging to the district, and take duplicate receipts of his 
successor therefor. One of these he shall deposit with the 
clerk of the board of education within three days there- 
after. (R. S. Sec. 4049.) 



Compensation 
for making 
settlement. 



Treasurer to 
deliver funds 
to successor. 



Penalty for failure or refusal to pav over public money; see Section 
13674. 

Bond of clerk Section 4774. Before entering upon the duties of his 

office, the clerk of each board of education shall execute a 



TREASURER AND CLERK. 



57 



Annual statis- 
tical report of 
board of edu- 
cation. 



bond, in an amount and with surety to be approved by the 
board, payable to the state, conditioned for the faithful 
performance of all the official duties required of him. 
Such bond must be deposited with the president of the 
board, and a copy thereof, certified by him, shall be filed 
with the county auditor. (R. S. Sec. 4050.) 

Township clerk is authorized to administer oaths connected with school 
affairs; see Sec. 3303. 

Board can not authorize clerk to become custodian of tuition funds. 
74 \J, o>, SO. 

Duties and powers of clerk, 170 D. N. P., 10S; 29 O. C. C, 32 (N. S. 

Section 4775. The clerk of each board of education 
shall prepare the annual report of the receipts and expendi- 
tures of school money and the statistical statement in refer- 
ence to the schools, required by law to be made by the 
board, and transmit it to the county auditor on or before 
the first day of September. But in each school district 
having a superintendent of schools, such report, except the 
receipts and expenditures of money, shall be made by the 
superintendent. (R. S. Sec. 4052.) 

Penalty for not making report; see Sec. 7790. 
_ The board of education should see that the reports required by this 
section are filed before allowing compensation to the clerk for his services. 

Section 4776. Except city districts, the board of Publication 
education of each district shall require the clerk of the of statement 
board annually, ten days prior to the election, to prepare andTxpendi- 
and post at the place or places of holding such elections, JJS by 
or publish in some newspaper of general circulation in the 
district, an itemized statement of all money received and 
disbursed by the treasurer of the board, within the school 
year next preceding. (R. S. Sec. 4053.) 

Section 4777. At the expiration of his term of office, 
each clerk shall deliver to his successor all books and papers 
in his hands relating to the affairs of his district, including 
certificates, and copies thereof, and reports of school statis- 
tics, filed by teachers. (R. S. Sec. 4054.) 

Section 4778. The auditor of each county shall fur- 
nish to the clerk and treasurer of each school district in his 
county a suitable blank book, made according to the form 
prescribed by the bureau of inspection and supervision of 
public offices, in which each must keep an account of the 
school funds of his district. (R. S. Sec 4055.) 

Section 4779. The clerk's account shall show the a- 
mounts certified by the county auditor to be due the district, 
all sums paid to the treasurer from other sources on his 
order, and all orders drawn by him on the treasurer, upon 
what funds and for what purposes drawn. (R. S. Sec. 
4055-) 

Section 4780. The treasurer's accounts shall show 
the amounts received from the county treasurer, all sums 
received from other sources on the order of the clerk, the 
amountspaid out, and from what funds and for what pur- 
poses paid. A separate account of each fund must be kept, 
and each account balanced at the close of the school year. 



Clerk to de- 
liver goods, etc. r 
to successor. 



How treasurer 

and" clerk to 
keep accounts. 



Clerk's ac- 
count. 



Treasurer's 
account. 



58 



TREASURER AND CLERK. 



Embezzlement 
by municipal 
and school 
officers. 



Compensation 
of treasurer 
and clerk. 



When treas 

urer of school 
moneys may 
bi dispensed 

with. 



When clerk 
shall perform 
the duties of 
treasurer. 



Provisions 
when deposi 
tory ceases to 
act. 



and the balance in the treasurer's hands belonging to each 
fund shown. (R. S. Sec. 4055.) 

Section 12878. Whoever, being a member of the council of 
1 municipal corporation, or an officer, agent, clerk or servant of 
such corporation, or board or department thereof, or an officer, 
i Ark or servant of a board of education, knowingly diverts, ap- 
propriates or applies funds, or a part of a fund raised by taxa- 
tion or otherwise, to any use or purpose other than that for which 
it was raised or appropriated, or knowingly diverts, appropriates 
>r applies money borrowed, or a bond of the corporation or part 
if the proceeds of such bond, to any use or purpose other than 
that for which such loan was made, or bond issued, shall be im- 
prisoned in the penitentiary not less than one year nor more than 
iwenty-one years and fined in double the amount of 'money or 
>ther property embezzled. (R. S". Sec. 6846.) 

Section 478 r. The board of education of each school 
district shall fix the compensation of its clerk and treasurer, 
which shall be paid from the contingent fund of the dis- 
trict. If they are paid annually, the order for the payment 
of their salaries shall not be drawn until they present to the 
board of education a certificate from the county auditor 
tating that all reports required by law have been filed in 
his office. If the clerk and treasurer are paid semi-annual- 
\\ quarterly, or monthly, the last payment on their salaries 
previous to August thirty-first, must not be made until all 
reports required by law have been filed with the county 
auditor and his certificate presented to the board of educa- 
tion as required herein. (R. S. Sec. 4056.) 

Section 4782. When a depository has been provided 
for the school moneys of a district, as authorized by law, 
the board of education of the district, by resolution adopted 
by a vote of a majority of its members, may dispense with 
a treasurer of t>e school moneys, belonging to such school 
district. In such case, the clerk of the board of educa- 
tion of a district shall perform all the services, discharge 
all the duties and be subject to all the obligations required 
by law of the treasurer of such school districts. (R. S. 
Sec. 4042a.) 

Section 4783. When the treasurer is so dispensed 
with, all the duties and obligations required by law of the 
county auditor, county treasurer or other officer or person 
relating to the school moneys of the district shall be com- 
plied with by dealing with the clerk of the board of educa- 
tion thereof. Before entering upon such duties, the clerk 
shall give an additional bond equal in amount and in the 
same manner prescribed by law for the treasurer of the 
school district. (R. S. Sec. 4042a.) 

Section 4784. If for any reason, a depository in such 
district ceases to act as custodian of the school moneys, they 
shall be placed in the custody of the treasurer of the city, 
village or township in which the school district is located 
or of the special school district upon such treasurer giving 
bond as required by law, to the approval of the board of 



TREASURER AND CLERK. 

education. Such moneys shall be held and disbursed by 
the treasurer in all respects as required by law until anoth- 
er depository is provided for such moneys. Thereupon he 
shall place such money in the depository and his duties and 
obligations relating thereto shall then cease. ( R. S. Sec. 
4042a.) 



59 



TITLE XIV. PUBLIC ELECTIONS 



Election of 
members of 
the board of 
education. 



Notice 
school 
elections 



of 



Qualifications 
of elector. 



Section 4838. All elections for members of boards of 
education shall be held on the first Tuesday after the first 
Monday in November in the odd numbered years. (97 v. 

40 § 2.) 

Section 4839. The clerk of each board of education 
shall publish a notice of all school elections in a newspaper 
of general circulation in the district or post written or 
printed notices thereof in five public places in the district 
at least ten days before' the holding of such election. Such 
notices shall specify the time and place of the election, the 
number of members of the board of education to be elected, 
and the term for which they are to be elected, or the nature 
of the question to be voted upon. (97 v. 354 §2.) 

Section 4861. Every male citizen of the United 
States, who is of the age of twenty-one years or over, and 
possesses the qualifications in regard to residence herein- 
after provided, shall be entitled to vote at all elections. 
(Cons. Art. V. § 1.)- 



When women 
mav vote. 



Section 4862. Every woman, born in the United 
States or who is the wife or daughter of a citizen of the 
United States, who is over twenty-one years of age and 
possesses the necessary qualifications in regard to residence 
hereinafter provided for men shall be entitled to vote and 
to be voted for for member of the board of education and 
upon no other question. (97 v. 354 § 3.) 

The constitutional power of the legislature to provide for common 
schools is not limited by the definition of elector in Conts., V, Sec. 1, and 
the right to vote for school officers may be conferred on women. 9 C. C, 134. 

This section limits the voting privileges of women. It does not entitle 
them to vote en such questions as special tax levy, bond issue, erection of 
public buildings, etc., although the same be for school purposes. 



Registration 
of women. 



Xnniin 

of candidates 

for boa i'l of 

'ion. 



Section 4940. The provisions of this chapter relat- 
ing to registration shall apply to women upon whom the' 
right to vote for member of the board of education is con- 
ferred by law, but the names of such women may be 
placed on a separate list. (97 v. 254 § 3.) 

Section 4997. Nominations of candidates for the 
office of member of the board of education may be made 
by nomination papers, signed in the aggregate for each 
candidate by not less than twenty-five qualified electors of 
either sex of the school district, except in city school dis- 
tricts, such nomination papers shall be signed by peti- 
tioners not less in number than one for every one hundred 
person^ who voted at the next preceding general election 
in such city. ( R. S. Sec. 3897a.) 



GO 



Names of 
nominees foi 
board pub- 
lished. 



Ballots for 
school board. 



school board 
printed. 



PUBLIC ELECTIONS. fa 

Section 4998. When nominations of candidates for 
member of the board of education have been made by nom- 
ination papers filed with the board of deputy state super- 
visors, as herein provided, such board of deputy state 
supervisors shall publish on two different days prior to the 
flection a list of the names of such candidates in two news- 
papers of opposite politics in the school district, if there is 
such printed and published therein. If no newspaper is 
printed in such school district, the board shall post such 
list in at least five public places therein. (R. S. Sec. 3897a.) 

Section 5032. The names of candidates for members 
of the board of education of a school district, however nom- 
inated, shall be placed on one independent and separate 
ballot without any designation whatever, except for member 
of board of education and the number of members to be 
elected. (98 v. 116 § 1.) 

Section 5033 The ballots for members of the board How ballot for 
ot education shall be prepared and printed as follows : The 
whole number of ballots to be printed for the school dis- 
trict shall be divided by the number of candidates for mem- 
ber of board of education of the district, and the quotient 
so obtained shall be the number of ballots in each series 
of ballots to be printed. The names of candidates shall be 
arranged in alphabetical order and the first series of ballots 
printed. Then the first name shall be placed last and the 
next series printed, and so shall the process be repeated 
until each name shall have been first. These ballots shall 
then be combined in tablets with no two of the same order 
of names together, except when there is but one candi- 
date. (98 v. 116 § 2.) 

Section 5034. In city school districts, the ballots for 
each subdistnct shall contain the names of the candidates 
for member of the board of education from such subdis- 
tnct and also the names of the candidates to be elected at 
large. (97 v. 354 § 1. ) 

Section 5049. There shall be separate poll books and P n h . 

tally sheets for all elections for school purposes and the and tally 

ballots of the electors at such elections shall be deposited Shooi eke 

m a separate ballot box. (97 v . 354 §1.) tions. 

1 S * C ™ N 5I20 In school elections, the returns shall canvass of 
De made by the judges and clerks of each precinct to the v , ote . in sch ° o1 
clerk of the board of education of the district, not less nS " 

than five days after the election: Such board shall can- 
vass such returns at a meeting to be held on the secon 1 
Monday after the election, and the result thereof shall be 
entered upon the records of the board. (97 v. 354 § 1.) 

Section 5 121. In the canvass of the vote for mem- How result 
bers of the board of education, or assessors of real prop- ^[^11" 
erty, the person having the highest number of votes shall 



School dis- 
tricts in citie; 



62 PUBLIC ELECTIONS. 

be declared elected, and the next highest, and so on, until 
the number required to be elected shall have been selected 
from the number having the highest number of votes. If 
any number of persons greater than the number to be 
elected at such election have the highest and an equal 
number of votes, the board making the canvass shall de- 
termine by lot which of the persons shall be duly elected. 
(97 v. 354 § 1 ; 98 v. 116 § 1 ; 100 v. 81 § 1.) 



PART SECOND 



CIVIL 

G3 



TITLE V. PUBLIC SCHOOLS 



CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 
CHAPTER 9. 
CHAPTER 10. 
CHAPTER 11. 
CHAPTER 12. 



School Funds. 

School Houses and Libraries. 

Schools and Attendance. 

Compulsory Education. 

Reports. 

Enumeration. 

Examiners. 

Teachers' Institutes. 

Teachers' Pensions. 

Normal Schools. 

Colleges and Universities. 

Schools Specially Endowed. 



CHAPTER 1. 

SCHOOL FUNDS. 



Section 

7575. "The state common school fund;" tax 

levy for. 
7570. Rate designated by general assembly. 
7577. Interest upon proceeds of salt and 

• swamp lands. 
757-. Proceeds of sale of swamp lands. 
7579. 'I he "common school fund." 

7550. Accounts of common school fund. 

7551. Bequests, etc., in trust for common 

school fund. 

7552. Apportionment of school funds by au- 

ditor of state. 
7583. Apportionment to be made in February 

settlement. 
75S4. Funds to be retained by county treas- 
urer. 
7585. When county line divides township. 
75S6. Board of education to fix rate of taxa- 

* tion. 
5S7. Levy to be divided into four funds 



"5-?. 



Levy of taxes for special school districts. 
How funds divided. 
Appeal to county commissioners. 
Maximum levy. 
Greater tax may be levied. 
Notice of election. 
7504. Amount of levy to' be certified to county 
auditor. 

7595. Salary of teachers. 

7596. State aid. 

7507. Certain districts not entitled to state 
aid. 



"500. 
7591. 
"502. 
r593. 



Section 

7598. When district situated in two or more 

counties. 

7599. To whom funds paid. 

7600. Apportionment of school fund. 

7601. Distribution of money after apportion 
ment. 

When county line divides original sur 

veyed township. 
Certificate of apportionment. 
Depositing of school lands upon com- 

petitive bidding. 
When district contains two or mo 

banks. 

7606. Bids. 

7607. Districts containing less than two banks 
; . \\ hat resolution to contain. 

Liability of treasurer relieved 
Neglect of certain duties by board. 
Personal liability of board members. 
Duty of county auditor. 



7602. 



7603. 
7604. 



7005. 



7610 
7611 
7612 



SINKING FUND. 

7613. Board of commissioners of the sinking 

fund. # 

761 L Who to provide funds. 
7(15. Investment of sinking fund. 

7616. Sinking fund commissioners may issue 

refunding bonds. 

7617. Report of sinking fund commissioners. 

7618. Payment of bonds and interest. 

7619. . Bonds issued by board of education. 



Section 7575. For the purpose of affording the ad- « The state 
vantages of a free education to all the youth of the state, common school 
there shall be levied annually a tax of one mill on the ievy d; for. tax 
grand list of the taxable property of the state, to be col- 
lected as are other state taxes and the proceeds of which 
shall constitute "the state common school fund," and for 
the payment of interest on the irreducible or trust fund 
debt for school purposes, ten one-hundredths of one mill, 
such fund to be styled "the sinking fund." (R S Sec 
3951.) 

5 s. l. 65 



66 



SCHOOL FUNDS. 



Rate desig- 
nated by gen- 
eral assembly. 



Interest upon 
proceeds of 
salt and swamp 
lands. 



Section 7576. The rate for such levy shall be des- 
ignated by the general assembly at least once in two years. 
if the general assembly fail to designate the rate for any 
year, it shall be one mill for the state common school fund, 
and ten one-hundredths of one mill i" r the sinking fund. 
(R. S. Sec. 3951.) 

Section yS77- The state shall pay interest annually, 
at the rate of six per cent per annum, upon all money 
which has been paid into the state treasury on account of 
sales of lands commonly called "salt lands/' and upon all 
money paid or which may be paid into the state treasury on 
account of sales of swamp lands granted to the state by 
act of congress. The money received from such sales shall 
constitute an irreducible debt of the state; and the interest 
shall be apportioned annually on the same basis as the state 
common school fund is apportioned, and distributed to the 
several' counties as hereinafter provided. (R. S. Sec. 3952.) 

Proceeds of Section 7578. .The net proceeds hereafter paid into 

sale of swamp tj le s tate treasury, from the sales of swamp lands granted 
to the state by act of congress passed September 28, 1850, 
is hereby appropriate i to the general fund for the support 
of common schools; and the state is pledged to pay the 
interest annually, on all sums of money paid into the state 
treasury, from the sales of such lands, from the receipt of 
Mich money into the treasury. The interest so arising shall 
be distributed, annually, to the several counties of the 
state, in proportion to the number of male inhabitants above 
the age of twenty-one as the law provides for ascertaining 
the apportionment of representatives. The proportion of 
interest clue to each county shall be distributed for the sup- 
port of common schools, in the respective counties, in the 
manner prescribed for the distribution of the common 
school fund. (80 v. 39 § 1.) 

Section 7579. The money which has been and may 
be paid into the state treasury on account of sales of lands 
granted by congress for the support of public schools in any 
original surveyed township, or other district of country, 
shall constitute the "common school fund," of which the 
auditor of state shall be superintendent, and the income 
of which must be applied exclusively to the support of 
common schools, in the manner designated in this chapter. 
(R. S. Sec. 3953.) 

Section 7580. The common school fund shall con- 
stitute an irreducible debt of the state, on which it shall 
pay interest annually, at the rate of six per cent per annum, 
to be computed for the calendar year, the first computation 
on any payment of principal hereafter made to be from 
the time of payment to and including the thirty-first day 
of December next succeeding. The auditor of state shall 
keep an account of the fund, and of the interest which ac- 
crues thereon, in a book or books to be provided for the 
purpose, with each original surveyed township and other 



The "coramoi 

fund." 



Accounts of 
common 
school fund. 



SCHOOL FUNDS 



67 



lonment 
of school 
funds by 
auditor of 
state. 



district of country to which any part of the fund belongs 
crediting each with its share of the fund, and showing the 
amount of interest thereon which accrues and the amount 
which is disbursed annually to each. (R. S. Sec. 3954.) 

Section 7581. When any grant or devise of land, Bequests etc 
or donation or bequest of money or other personal prop- common '*¥ 
erty, is made to the state, or to any person, or otherwise, fun<T on 
in trust for the common school fund, it shall become vested 
in such fund. When the money arising therefrom is paid 
into the state treasury, proper accounts thereof must be 
kept by the auditor of state, and the interest accruing there- 
from shall be applied according to the intent of the grantor 
donor, or devisor. (R. S. Sec. 3955.) 

Section 7582. The auditor of state shall apportion A 
the state common school fund to the several counties of the " 
state semi-annually, upon the basis of the enumeration of 
youth therein, as shown by the latest abstract of enumera- 
tion transmitted to him by the state commissioner of com- 
mon schools. Before making his February settlement with 
county treasurers, he shall apportion such amount thereof 
as he estimates to have been collected up to that time and 
in the settlement sheet which he transmits to the auditor 
of each county, shall certify the amount payable to the 
treasurer of his county. Before making his final settle- 
ment with county treasurers each year he shall apportion 
the remainder of the whole fund collected, as nearly as it 
can be ascertained, and in the August settlement sheet 
which he transmits to the auditor of each county shall cer- 
tify the amount payable to the treasurer of his county (R 
S. Sec. 3956.) v 

Section 7583. In each February settlement sheet A 
the state auditor shall enter the amount of money payable toT/m^Tn 
to the county treasurer on the apportionment of interest B F ^KKt 
specified m section seventy-five hundred and seventy- 
seven, and also enter in each February settlement sheet 
the amount of money payable to the county treasurer on 
account of interest for the preceding year on the common 
school fund, and designate the source or sources from 
which the interest accrued. With each February settlement 
sheet he shall transmit a certified statement, showing the 
amount of interest derived from the common school fund 
payable to each original surveyed township or other dis- 
trict of country within the county. (R. S. Sec. 3956.) 

Section 7584. The treasurer of each county, at each w A 
semi-annual settlement with the auditor of state, shall re- fS&dV* 
tarn in the county treasury, from the state taxes collected 
by him, the amount of the funds herein mentioned shown 
by the settlement sheet of the auditor of state to be payable 
to him at that time. If such amount for any county ex- 
ceeds the amount of state taxes collected therein, the auditor 
ot state shall draw an order on the treasurer of state, in- 



county 
treasurer. 



68 



SCHOOL FUNDS. 



When county 
line divides 
township. 



Board of edu- 
cation to fix 
rate of 
taxation. 



Levy to be 
divided into 
four funds. 



Levy of taxes 
for special 
school dis- 
tricts 



favor of the treasurer of such county, for the balance of 
school funds due his county, and transmit it to such county 
treasurer, and the treasurer of the state shall pay such 
order upon its presentation to him. (R. S. Sec. 3956.) 

Section 7585. If parts of an original surveyed town- 
ship or fractional twonship are situated in two or more 
counties, the amount of interest on common school fund 
due to such township shall be paid" in the manner provided 
in the next two preceding sections to the treasurer of the 
county wherein the greatest relative portion of such town- 
ship is situated. But if it be uncertain in which county 
sr. ch portion is situated, the amount of interest due to such 
township shall be paid to the treasure^ of the oldest county 
in which any part of the township is situated. (R. S. Sec. 
3957-) 

Section 7686. Each board of education, annually, at 
a regular or special meeting held between the third Monday 
in April and the first Monday in June, shall fix the rate of 
taxation necessary to be levied for all school purposes, after 
the state funds are exhausted. (R. S. Sec. 3958.) 

Section 7587. Such levy shall be divided by the 
board of education into four funds: First, tuition fund; 
second, building fund ; third, contingent fund ; fourth, 
bonds, interest and sinking fund. A separate levy must 
be made for each fund. (R. S. Sec. 3958.) 

"A notice, -by a clerk of a board of education, of a tax voted by the 
board, to build a school house, delivered to the auditor on the 11th day of 
Tune, is sufficient authority to the auditor for carrying the tax into his dupli- 
cate." II Western Law Monthly, 589. 

It is a general rule that statutes, so far as thev limit a time for the 
performance of an act by a public officer, for the public benefit, are merely 
directory, when time is not the essence of the thing to be done, unless there 
are negative words, and the act is valid if done afterwards. 

Tuition from non-resident pupils is to be paid to the board of educa- 
tion, and placed in the contingent fund. A teacher has absolutely no authority 
to retain monev received for tuition of non-resident pupils. ■ 

Prior to the passage of the present school code (97 O. L. 331), a valid 

assessment for street improvements could not be levied against school prop- 

erty. Whether the division of the contingent school fund into separate 

by the present school code will render valid such assessments levied 

the enactment of the school code, quaere. 15 O. D. N. P., 334; 43 

O. S., 83. 

The Attorney General inclines to the opinion that such special assess- 
ments against school property are not collectible under the present school 
code, and a test case involving this question is now pending in the Com- 
mon Pleas Court, brought at I ion! 

Section 7588. In all cases of special school districts 
lying wholly within one civil township, or if the special 
district lies in and is part of two or more civil townships 
of the same or different counties, or two or more special 
districts lie wholly or partly within one civil township, a 
tax for school purposes may be levied, not exceeding six 
mills. 011 the duplicate of all the taxable property in such 
township lying outside of all city and village school districts 
therein. Such levy shall be made when a petition in writ- 
ing signed by two-thirds of the electors of such civil town- 
ship is filed with the clerk of the board of education of the 
township, by a joint board consisting of the board of educa- 
tion of that township and the board of education of the 



SCHOOL FUNDS. 

special school district, or of the board of education of that 
township and the boards of education of the special school 
districts as the case may be, acting in joint session, at a 
meeting or meetings to be called for that purpose, by the 
president of the township beard of education between the 
third Monday in April and the first Monday in June of 
each year. If such "boards fail so to meet, or fail to agree 
and make such levy then it shall be ma> 1 e by the county 
commissioners on the application of either board. (R S 
Sec. 3958a.) 

Section 7589. The funds raised from such levy shall How fund* 
be divided between the board of education of the township dlvid ed. 
and of the special school district, or between the board of 
education of the township and the boards of education of 
the special school districts, as the case may be, in propor- 
tion to the number of children of that township of school 
age living in the -township outside of the special school dis- 
trict and living in the township within the special school 
district or districts. In additon to the general levy by the 
joint boards, either board may levy an additional tax, not 
to exceed six mills, on the duplicate of all the taxable 
property within its own territory. The funds arising from 
such levy shall be used only for schools within the terri- 
tory where the additional levy is made. (R. S. Sec. 3958a.) 

Section 7590. If the levy so made by such boards Appeal to 
is inequitable to either, or insufficient to provide for and ™£ n . ty cora - 
maintain the schools in either the township or special school 
districts, either board may appeal to the county com- 
missioners of the county in which the township is situated 
to adjust and make the levy. The commissioners then may 
make such levy, not exceeding six mills, for the purposes 
named in the next two preceding sections, as they may deem 
just and equitable and sufficient to provide for and maintain 
the schools in such township and school district. If either 
of such boards of education meet to fix a levy for school 
purposes, as provided in section seventy-five hundred and 
eighty-six, before the levy is fixed by the joint board as 
above provided, and the levy so made by such board of 
education, acting independently, is more than six mills on 
the dollar of valuation of taxable property in its school 
district, then theexcess of the levy above the six mills shall 
be subject to division in proportion and manner as provided 
in the next preceding section between the township and 
special districts. (R. S. Sec. 3958a.) 

Section 7591. Except as hereinafter provided, the 
local tax levy for all school purposes shall not exceed twelve 
mills on the dollar of valuation of taxable property in any 
school^ district, and in city school districts shall not be less 
than six mills. Such levy shall not include any special levy 
for a specified purpose, provided for by a vote of the peo- 
ple. (R. S. Sec. 3959.) 



69 



Maximum 

levy. 



70 



S< HI mil FUNDS. 



Greater tax 
may be 
levied. 



Notice of 
election. 



Amount of 
levy to be 
certified to 
countv au- 
ditor. 



Salary of 
teachers. 



State aid. 



Section 7$<j2. A greater or less tax than is autho- 
rized above may be levied for any or all school purposes. 
Any board of education may make an additional annual 
levy of not more than five mills for any number of consecu- 
tive years not exceeding five, if the proposition to make 
such levy or levies has been submitted by the board, to a 
vote of the electors of the school district, under a resolu- 
tion prescribing the time, place and nature of the proposi- 
tion to be submitted, and approved by a majority of those 
voting on the proposition. (R. S. Sec. 3959.) 

Section 7593. Notice of such election must be given 
by publication of the resolution for three consecutive weeks 
prior thereto in some newspaper published and of general 
circulation in the district, or by posting copies thereof in 
five of the most conspiuous places in the district for a 
like period, if no such paper is published therein. (R. S. 
Sec. 3959.) 

Section 7594. The amount of the levy fixed by the 
boards of education under the next eight preceding sections, 
shall be certified to the county auditor, in writing, on or be- 
fore the first Mnday in June of each year by the boards 
cf education, and on or before the first Monday in August 
of each year by the county commissioners when the levy is 
made by them, who shall assess the entire amount upon all 
the taxable property of the district, and enter it upon the 
tax duplicate of the county. The county treasurer shall 
collect it at the time and in the same manner as state and 
county taxes are collected, and pay it to the treasurer of the 
district upon the warrant of the county auditor. He shall 
receive one per cent on all moneys so collected and no 
more. (R. S. Sec. 3960.) 

Boards of education required to certify levy for building and other pur- 
poses, to the county auditor, in addition to the levy provided for in Sees. 
7591-7595; see Sec. 7626. 

Where a board of education certifies an estimate of a school tax to the 
county auditor, who places the same on the tax list in a reduced form, a 
citizen and taxpayer of the school district who, five months thereafter, seeks 
by mandamus on his own relation, to compel the auditor to place the original 
estimate on the tax list, must satisfy the court that the board of education 
did not consent to the reduction. 39 O. S., 455. 

County commissioners to act as board of education in case the latter 
neglects to perform its duty; see Sec. 7610. 

Section 7595. No person shall be employed to teach 
in any public school in Ohio for less than forty dollars 
a month. When a school district has not sufficient money 
to pay its teachers forty dollars per month for eight months 
of the year, after the board of education of such district has 
made the maximum legal school levy, three-fourths of 
which shall be for the tuition fund, then such school district 
may receive from the state treasurer sufficient money to 
make up the deficiency. (98 v. 200 § 1.) 

The 78th General Assembly at its regular session, 1910, appropriated 
000 to aid weak school districts. 

Section 7596. A board of education having such a 
deficit must make affidavits to the county auditor, who shall 
send a certified statement of the facts to the state auditor. 



SCHOOL FUNDS. 



71 



Certain dis- 
tricts not en- 
titled to 
stats aid. 



When district 
situated in 
two or more 
counties. 



To whom 
funds paid. 



The state auditor shall issue a voucher on the state treasurer 
in favor of the treasurer of such school district for the a- 
mount of the deficit in the tuition fund. (98 v. 200 § 1.) 

Section 7597. No district shall be entitled to state 
aid as provided in the next two preceding sections, unless 
the number of persons of school age in such district is at 
least twenty times the number of teachers employed there- 
in. ( q8 v. 200 § 2.) 

Section 7598. When a school district is composed of 
territory in two or more counties, the rate of taxation 
shall be ascertained by the board of education of such dis- 
trict and be certified to the auditors of the several counties, 
who must place it on the tax duplicate. It shall be collected 
as provided in section seventy-five hundred and ninety- 
four. (R. S. Sec. 3963.) 

Section 7599. The funds belonging to a district com- 
posed of territory in more than one county shall be paid by 
the treasurers of the other counties to the treasurer of the 
county having the greatest tax valuation in such district. 
The auditors of other counties must make settlement on ac- 
count of such funds with the auditor of the county having 
the greatest tax valuation; and the treasurer of the district 
shall make the settlement with such auditor, required by 
section seventy-six hundred and two. (R. S. Sec. 3963.) 

Section 7600. After each annual settlement with the 
county treasurer, each county auditor shall immediately 
apportion the school funds for his county. The state com- 
mon school fund must be apportioned in proportion to the 
enumeration of youth in each of the several school districts 
within the county, except if an enumeration of the youth 
of any district has not been taken and returned for any 
year, such district shall not be entitled to receive any por- 
tion of such fund. The local school tax collected from the 
several districts must be paid to the districts from which it 
was collected. Money received from the state on account 
of interest on the common school fund shall be apportioned 
to the school districts and parts of districts within the terri- 
tory designated by the auditor of state as entitled thereto, 
in proportion to the enumeration of youth therein. All 
other money in the county treasury for the support of com- 
mon schools, and not otherwise appropriated "bv law, shall 
be apportioned annually in the same manner as the state 
common school fund. (R. S. Sec. 3964.) 

., , The . auditor's duty to apportion the state common school fund among 
the districts, according to the number of youth is not excused by his ina- 
bility to apportion other funds. His failure to apportion such fund does 
not authorize the township school board to treat it as a contingent fund and 
apportion it at discretion. Hence the indebtedness of the township board for 
building school houses in an amount exceeding all the funds is no defense 
to a salary order of a teacher in a sub^district. entitled to one-fourth of the 
state common school fund, its contingent fund being exhausted. 9 C. C, 13. 

Section 7601. Immediately after such apportionment n . . .. .. 

is made, the auditor must enter it in a book to be kept for of'monT 
that purpose, and furnish a certified copv of the apportion- f££ n ent por 



Apportionment 
of school 
fund. 



*]2 SCHOOL FUNDS. 

ment to each school treasurer and clerk in his county. He 
shall give to each of such treasurers an order on the county 
treasurer for the amount of money payable to him, and take 
his receipt therefor. (R. S. Sec. 3965.) 

Boards of education can leave school moneys in county treasury and 
draw the same from time to time in amounts of not less than one hundred 
dollars; see Sec. 2690. 

County auditors shall in no case permit treasurer to have in his hands 
school funds amounting to more than the amount of his bond; see Sec. 4769. 

When county Section 7602. When an original surveyed township 

line divides i" fractional township is situated in two or more counties, 
v^yeTtown' and the land granted thereto by congress for the support 
ship - of public schools has been sold, the auditor of the county 

to whose treasurer the interest on the proceeds of such sale 
is paid must apportion such interest to the counties in which 
such township is situated, in proportion to the youth of the 
township enumerated in each. Such, auditor shall certify 
to the auditor of each of the other counties the amount 
so ascertained to belong to the part of the township situated 
in his county, and transmit to the treasurer of each of such 
counties an order on the treasurer of his own county for 
such amount. The auditor of each county shall apportion 
the amount of such interest belonging to the part of the 
township in his county, to the districts or parts of districts 
entitled thereto, in proportion to the enumeration of youth 
therein, and certify and pay it to the proper school officers, 
as provided in the next preceding section. (R. S. Sec. 

3966.) 

Certificate of Section 7603. The certificate of apportionment fur- 

apportionment, nished by the county auditor to the treasurer and clerk of 
each school district must exhibit the amount of money re- 
ceived by each district from the state, the amount received 
from any special tax levy made for a particular purpose, and 
the amount received from local taxation of a general nature. 
The amount received from the state common school fund 
and the common school fund shall be designated the "tuition 
fund" and be appropriated only for the payment of superin- 
tendents and teachers. Funds received from special levies 
must be designated in accordance with the purpose for 
which the special levy was made and be paid out only for 
such purpose, except that, when a balance remains in such 
fund after all expenses incident to the purpose for which 
it was raised have been paid, such balance will become a part 
of the contingent fund and the board of education shall 
make such transfer by resolution. Funds received from the 
local levy for general purposes must be designated so as to 
correspond to the particular purpose for which the levy 
was made. Moneys coming from sources not enumerated 
herein shall be placed in the contingent fund. (R. S. Sec. 
3967. I 
Depositing of Section 7604. The board of education of any school 

u C p h o n 0l compcii- district by resolution shall provide for the deposit of any 
tive bidding, or all money:-; coming into the hands of its treasurer. But 
no bank shall receive a deposit larger than the amount of its 



SCHOOL FUNDS. 



73 



paid in capital stock, and in no event to exceed three hundred 
thousand dollars. (R. S. Sec. 3968, as amended May 10, 
1910.) 

Capital S\i ck means capital; hence unincorporated as well as incorpo- 
rated banks may become depositaries. This section prior to amendment of 
1910, held to be mandatory after passage of resolution. 15 O. D. N. P., 720. 

Section 7605. In school districts containing- two or 
more banks such deposit shall be made in the bank or banks, 
situated therein, that at competitive bidding offer the high- 
est rate of interest which must be at least two per cent for 
the full time funds or any part thereof are on deposit. Such 
bank or banks shall give a good and sufficient bond in a sum 
not less than the amount deposited. The treasurer of the 
school district must see that a greater sum than that con- 
tained in the bond is not deposited in such bank or banks 
and he and his bondsmen shall be liable for any loss occa- 
sioned by deposits in excess of such bond. (R. S. Sec. 
3968, as amended May 10, 1910.) 

Section 7606. The board shall determine in such 
resolution the method by which bids shall be received, the 
authority which is to receive them, the time for which such 
deposits shall be made and all details for carrying into ef- 
fect the authority herein given. All proceedings in con- 
nection with such competitive bidding and deposit of moneys 
must be so conducted as to insure full publicity and shall 
be open at all times to public inspection. If in the opinion 
of a board of education there has been any collusion between 
the bidders, it may reject any or all bids and arrange for the 
deposit of funds in a bank or banks without the district as 
hereinafter provided for in districts not having two or more 
banks located therein. (R. S. Sec. 3968.) 

Section 7607. In all school districts containing less 
than two banks, after the adoption of a resolution providing 
for the deposit of its funds, the board of education may enter 
into a contract with one or more banks that are convenient- 
ly located and offer the highest rate of interest, which shall 
not be less than two per cent for the full time the funds or 
any part thereof are on deposit. Such bank or banks shall 
give good anl sufficient bond in a sum at least equal to the a- 
mount deposited. The treasurer of the school district must 
see that a greater sum than that contained in the bond is not 
deposited in such bank or banks, and he and his bondsmen 
shall be liable for any loss occasioned by deposits in excess 
of such bond. (R. S. Sec. 3968, as amended May 10, 19 10.) 

Section 7608. The resolution and contract in the next 
four preceding sections provided for, shall set forth fully all 
details necessary to carry into effect the authority therein 
given. All proceedings connected with the adoption of such 
resolution and the making of such contract must be con- 
ducted in such a manner as to insure full publicity and shall 
be open at all times to public inspection. (R. S. Sec. 3968.) 



When district 
contains two 
or more banks. 



Bids. 



Districts con- 
taining less 
than two 

banks. 



Wha* resolii" 

tion lo con- 
tain. 



74 



SCHOOL FUNDS. 



Liability of 
treasurer 

relieved. 



Neglect of 
certain duties 
by board. 



Personal liabil- 
ity of board 
members. 



Duty of 
county au- 
ditor. 



Section 7609. When a depository is lawfully provid- 
ed, and the funds are deposited therein, the treasurer of the 
school district and his bondsmen shall be relieved from any 
liability occasioned by the failure of the bank or banks of 
deposit or by the failure of the sureties therefor, or by the 
failure of either of them, except as above provided in cases 
of excessive deposits (R. S. Sec. 3968, as amended May 10, 
1910.) 

Section 7610. If the board of education in a district 
fails in any year to estimate and certify the levy for a con- 
tingent fund as required by this chapter, or if the amount 
so certified is deemed insufficient for school purposes, or if 
it fails to provide sufficient school privileges for all the 
youth of school age in the district or to provide for the con- 
tinuance of any school in the district for at least thirty-two 
weeks in the year, or to provide for each school an equitable 
share of school advantages as required by this title, or to 
provide suitable school houses for all the schools under its 
control, or to elect a superintendent or teachers, or to pay 
their salaries, or to pay out any other school money needed 
in school administration, or to fill any vacancies in the board 
within the period of thirty days after such vacancies occur, 
the commissioners of the county to which such district be- 
longs, upon being advised and satisfied thereof, shall per- 
form any or all of such duties and acts, in the same man- 
ner as the board of education by this title is authorized to 
perform them. All salaries and other money so paid by the 
commissioners of the county, shall be paid out of the county 
treasury as are other county expenses, but they shall be 'a 
charge against the school district for which the money was 
paid. The amount so paid shall be retained by the county 
auditor from the proper funds due to such school district, at 
the time of making the semi-annual distribution of taxes. 
(R. S. Sec. 3969.) 

County commissioners can only employ teachers when the township 
board of education fails to do so; and when they have suspended school 
in two subdistricts and provided transportation to other districts it is not a 
failure to make lawful provision for school in such district and the county 
commissioners cannot interfere. Wayne Tp. (F»d of Ed), v. Shaul 17 Dec. 
269 (4 N. S. 433.) 

When the county commissioners have wrongfully interfered with the 
management of township schools the remedy of the township board of edu- 
cation is by injunction. Wayne Tp. (Bd. of Ed.) v. Shaul. 17 Dec °69 
(4 N. S. 433). 

Section 761 1. The members of a board who cause 
such failure shall be each severally liable, in a penalty not to 
exceed fifty dollars nor less than twenty-five dollars, to be 
recovered in a civil action in the same of the state upon com- 
plaint of any elector of the district, which sum must be col- 
lected by the prosecuting attorney of the county and when 
collected be paid into the treasury of the county, for the 
benefit of the school or schools of the district. (R. S. Sec. 
3969- ) 

ion 7612. The auditor of each county shall col- 
lect, or cause to be collected, all fines and other money for 
the support of common schools in his county, and pay them 



SCHOOL FUNDS. 75 

to the county treasurer. He also must inspect all account- 
of interest accruing on account of section sixteen, or other 
school lands, whether it is payable by the state or by the 
debtors; and take all proper measures to secure to each 
school district in his county the full amount of school funds 
to which it is entitled. (R. S. Sec. 3970.) 

FINES TO BE PAID INTO SCHOOL FUND. 

Sees. 2605 and 2606. Penalty against county auditors for failing to re- 
port to state auditor. 

Sec. 2607. Relating to dog tax. 

Sec. 2924. Relating to the disposition of the proceeds of the sale of 
timber^ growing on state or school lands, unlawfully cut down. 

Sees. 12465 and 12466. Providing for the disposition of the proceeds of 
the sale of unclaimed property, stolen, embezzled, or obtained under false 
pretenses. 

Sec. 3192. Penalty against township trustees and treasurers who refuse 
to serve. 

Sec. 3304. Penalty against township clerk for failure to make detailed 
statement. 

Sec. 335S. Penalty against assessors for neglecting or refusing to make 
out and return statistics. 

Sec. 3359. Penalty against any person, company, or corporation, refusing 
to make out and deliver a statement of facts for taxation. 

Sec. 8369. Relating to the proceeds of the sale of unclaimed goods by 
express companies, common carriers, etc. 

Sec. 9238. Penalty for avoiding toll on turnpikes or plank road. 

Sec. 76U. Penalty against member of board of education who fails to 
perform certain duties. 

Sec. 7802. Penalty against the clerk of a local board for failure to take 
the school enumeration. 

Sec. 4772. Penalty against treasurers of school districts for failure to 
make annual settlement. 

Sec. 7790 Penalty against county auditors and clerks of boards of 
education for failing to make certain reports. 

Sec. 7792. Penalty against county auditors for failure to "make enumera- 
tion return. 

_ Sec. 7867. Penalty against institute committee for failure to make re- 
quired report. 

Sees. 5808 and 5814. Penalty for allowing certain animals to run at 
large. 

Sec. 6321. Penalty against owners or keepers of wharf boats 

Sec. 6350. Relating to peddlers' license. 

Sec. 6497. Penalty against auditors, engineers, commissioners, and pro- 
bate judges, who fail to perform certain duties relating to countv ditches 
sinkholes, etc. 

SINKING FIND. 

Section 7613. In any school district having a bonded Board of com- 
indebtedness, for the payment of which, with interest, no SISKg * 
provision has been made by a special tax levy for that par- fund - 
ticular purpose, the board of education of such district annu- 
ally, on or before the thirty-first day of August, shall set 
aside from its revenue a sum equal" to not less than one- 
fortieth of such indebtedness together with a sum sufficient 
to pay the annual interest thereon. (97 v. 352 §1.) 

Section 7614. The board of education of every dis- Who to pro _ 
trict shall provide a sinking fund for the extinguishment vide funds - 
of all its bonded indebtedness, which fund shall be managed 
and^controlled by a board of commissioners designated as 

the "board of commissioners of the sinking fund of 

"(inserting the name of the district), which shall be 

composed of five electors thereof, and be appointed by the 
common pleas court of the county in which such district is 
chiefly located, except that, in city or village districts the 
board of commissioners of the sinking fund of the city or 
village may be the board of the school district. Such com- 
missioners shall serve without compensation and give such 
bond as the board of education requires and approves. 



"6 



SCHOOL FUNDS. 



merit of 

sinking fund. 



Sinking fund 
commissioners 
may issue re- 
funding bonds. 



Report of 
sinking fund 
commissioners. 



Payment of 
bonds and 
interest. 



Bonds issued 
bv board of 
i ion. 



Any surety company authorized to sign such bonds may be 
accepted by such board of education as surety. The cost 
thereof, together with all necessary expenses of such com- 
missioners shall be paid by them out of the funds under their 
control. (97 V. 352 § 1.) 

Sinking fund commissioners have control and management of school 
district's sinking fund, but treasurer of board of education has custody 
of. 1G O. I>. N. P., 386. 

Section 7615. The board of commissioners of the 
sinking fund shall invest that fund in bonds of the United 
vStates, of the state of Ohio, of any municipal corporation, 
county, township or school district of any state or in bonds 
of its own issue. All interest received from such invest- 
ments shall be deposited as other funds of such sinking 
fund, and reinvested in like manner. For the extinguish- 
ment of any bonded indebtednes included in such fund, the 
board of commissioners may sell or use any of the securities 
or money of such fund. ( 98 v. 45 § 2.) 

Section 7616. The board of commissioners of the sink- 
ing fund may refund, extend or renew the bonded debt of 
the school district or any part thereof, existing April 25, 
1904, by issuing the bonds of such chool district for such 
periods, not exceeding twenty years, in such denomination, 
payable at such place an.d at a rate of interest not to exceed 
the rate previous to such refunding, extension or renewal. 
But the aggregate amount of the refunding, extending or 
renewing bonds so issued shall not exceed that of the bonds 
so refunded, extended or renewed. (97 v. 353 § 3.) 

Section. 7617. Th board of commissioners of the 
sinking fund shall make an annual report to the board of 
education giving a detailed statement of the sinking fund for 
each year ending with August thirty-first. Such report 
must be filed with the board of education on or before 
September thirtieth of each year and other reports may be 
required by such board of education when deemed neces- 
sary. ( 98 V. 45 §40 

Section 7618. The board of education shall appro- 
priate to the use of such sinking fund any taxes levied for 
the payment of interest on its bonded indebtedness, together 
with the sum provided for in sections seventy-six hundred 
thirteen and seventy-six hundred and fourteen. Sums so 
appropriated shall be applied to no other purpose than the 
payment of such bonds, interest thereon and necessary ex- 
penses of such sinking fund commission. (98 v. 45 § 4.) 

Section 7619. When a board of education issued 
bonds for any purpose, such issue first shall be offered for 
sale to the board of commissioners of the sinking fund, who 
may buy any or all of such bonds at par. Within five days 
of the - time when notice is given, the board shall notify the 
board of education of its action upon the proposed purchase. 
After that time the board of education shall issue any por- 
tion not purchased by such commission according to law. 
(98 V. 45 §4-) 



CHAPTER 2. 

SCHOOL HOUSES AND LIBRARIES. 



SCHOOL HOUSES. 

Section 

7620. School houses. 

7621. Display of U. S. flag. 

7622. Regulating use of school houses. 

7623. Directions for bidding and for letting 

contracts. 

7624. Appropriation of land for school pur- 

poses. 

7625. Submission of question of bond issue. 

7626. If question approved, board may issue 

such bonds. 

7627. Requisites of bonds. 

7628. Tax levy to pay bonds thus issued. 

7629. Issue of bonds by boards of education. 

7630. Limit of issue. 



LIBRARIES. 

Section 

7631. Establishment of public library. 

Taxation. 

Libraries jointly owned by two or more 
school districts. 

Board of trustees, appointment, term. 

Management and control of library. 

Library trustees, number and eligibility 
of. 

Powers of board. 

May acquire land. 

Library fund; how provided and main- 
tained. 

Payments from library fund. 

Board of education may contract with 
library association for use of library. 

7642. School library. 

7643. Museum. 



7632. 

7633. 

7634. 
7635. 
7630. 

7637. 

7638. 



r640. 
7641. 



SCHOOL HOUSES. 

Section 7620. The board of education of a district 
may build, enlarge, repair and furnish the necessary school- 
houses, purchase or lease sites therefor, or rights of way 
thereto, or rent suitable schoolrooms, provide the necessary 
apparatus and make all other necessary provisions for the 
schools under its control. It also, shall provide fuel for 
schools, build and keep in good repair fences inclosing such 
school-houses, when deemed desirable plant shade and orna- 
mental trees on the school-grounds, and make all other 
provisions necessary for the convenience and prosperity of 
the schools within the subdistricts. (R. S. Sec. 3987.) 

Courts of common pi. as may authorize an exchange of school lots; Sec. 
3707. 

County commissioners may act as board of education under certain 
circumstances; Sec. 7G10. 

Penalty for destroying plants or trees; Sec. 12490. 

Penalty for using school house without certificate of inspector; Sec. 
12574. 

A school board is not liable as such for an injury to a pupil arising 
from negligence in the erection and maintenance of a public school building. 
30 O. S., 37. 

A board of education will be enjoined in the exercise of its discretion 
where it attempts without any valid reason or necessity to expend the public 
funds for the erection of a new school house in another place in the district 
when the old one is suitable and satisfactory and located near the center 
of the district. 13 C. C, 258. 

Statutes do not require advertisement for bids nor letting of contract 
for coal to lowest bidder. Gosline v. Toledo (Bd. of Ed.), 30 O. C. C, 503 
(11 N. S. 195.) 

The law requires, under severe penalties to be visited on those who have 
control thereof, that "all school houses are to have ample means of convenient 
egress, and doors opening outward." For requirements as to certificates 
regarding the safety of such buildings, and the penalties relating to neglect, 
see Sections 1031-1036. 

Concerning the full power of boards of education, teachers, or other 
citizens, to secure protection against the injury or defacement of "school 
houses, school yards, trees, fences, gates and bars," see General Code, 
section 12477, also section 12487. Any citizen may prosecute the transgressor 
in these cases. School houses, school furniture, and other school property 
belonging to the township, and not to the subdistrict, are entirely under the 
legal control of the township board. 

It is the duty of the township board of education to exercise such super- 
vision over the school houses in the several subdistricts, as may be neces- 
sary to prevent their being used in such a manner and for such purposes 
as may interfere with their use, for the legitimate and special purposes for 
which they were erected. 

77 



School-houses. 



78 



SCHOOL HOUSES AND LIBRARIES. 



Display of 
U. S. flag. 



Regulating 
use of 
school-houses. 



Directions for 
bidding and 
for letting 
contracts. 



Section 7621. All boards of education are required to 
display the United States national flag upon all school-houses 
under their control, during all day school sessions in fair 
weather, which shall be displayed on the inside of the school- 
house on all other days. Such boards shall make all rules 
and necessary regulations for the care and keeping of such 
Mags, the expense thereof to be paid out of their contingent 
funds. (92 v. 86 § 1.) 

Section J622. When, in the judgment of a board of 
education, it will be for the advantage of the children re- 
siding in any school district to hold literary societies, school 
exhibitions, singing schools, religious exercises, select or 
normal schools, the board of education shall authorize the 
opening of the school-houses for such purposes. The board 
of education of a school district in its discretion may author- 
ize the opening of such school-houses for any other lawful 
purposes. But nothing herein shall authorize a board of 
education to rent or lease a schoolhouse when such rental 
or lease in any wise interferes with the public schools in 
such district, or for any purpose other than is authorized 
by this chapter. (R. S. Sec. 3987-1.) 

Powers of boards of education; Sec. 4749. 

Leasing a school house for a private school is a violation of the trust, 
and is not within the power of "disposing" of property in Sec. 3971, and a 
resident taxpayer may obtain injunction. 35 O. S., 143. 

School houses should not be open for any purpose concerning the moral 
effect of which there is a difference of opinion among the residents of the 
district. 

Section 7623. When a board of education determines 
to build, repair, enlarge or furnish a school-house or school- 
houses, or make any improvement or repair provided for in 
this chapter, the cost of which will exceed in city districts, 
fifteen hundred dollars, and in other districts five hundred 
dollar-,, except in cases of urgent necessity, or for the se- 
curity and protection of school property, it must proceed as 
follow? : 

i, For the period of four weeks, the board shall adver- 
tise for bids in some newspaper of general circulation in the 
district, and two such papers, if there are so many. If no 
newspaper has a general circulation therein, then by posting 
such advertisement in three public places therein. Such ad- 
vertisement shall be entered in full by the clerk, on the re- 
cord of the proceedings of the board. 

2. The bids, duly sealed up, must be filed with clerk 
by twelve o'clock, noon, of the last day stated in the adver- 
tisement. 

3. The bids shall be opened at the next meeting of the 
board, be publicly read by the clerk, and entered in full on 
the records of the board. 

4. Each bid must contain the name of every person 
interested therein, and shall be accompanied by a sufficient 
guarantee of some disinterested person, that if the bid be 
accepted, a contract will be entered into, and the perform- 
ance of it properly secured. 



SCHOOL HOUSES AND LIBRARIES. 



s. _ When both labor and materials are embraced in the 
work bid for, each must be separately stated in the bid with 
the price thereof. 

6. None but the lowest responsible bid shall be ac- 
cepted. The board in its discretion may reject all the bids 
or accept any bid for both labor and material for such im- 
provement or repair, which is the lowest in the aggregate. 

7. Any part of a bid which is lower than the same part 
of any other bid, shall be accepted, whether the residue of 
the bid is higher or not; and if it is higher, such residue must 
be rejected. 

> 8. The contract must be between the board of educa- 
tion and the bidders. The board shall pay the contract 
price for the work, when it is completed, in cash, and may 
pay monthly estimates as the work progresses. 

9. When two or more bids are equal, in the whole, or 
in any part thereof, and are lower than any others, either 
.may be accepted, but in no case shall the work be divided be- 
tween such bidders. 

_ 10. When there is reason to believe that there is collu- 
sion or combination among the bidders, or any number of 
?L em > the bids of those concerned therein shall be rejected 
(K. S. Sec. 3988.) 

see Sms^V^ST tS 2364 r SCh ° 01 h ° USeS Whe " C ° St am ° Unts t0 $10 > 000 or mo ^> 

with the pdce of each e 1n°H w !» c \£ e P"ately states the labor and mater at 
"^>?™,&^ ^at it is to he 

n™S^ S£ S 

of mandamus 1 ; h? Z thow^U^eV^ W ° rk T T intain a " action 
shoulc I be made w^ffii^ft &%™ ™* <?*?? *' C ° ntraCt 
cost «^-JP^ iepSatel, state the 

may r^ecT them^^fcT *&/ " bidS f ° r PUbHc WOrk ' * "required, the board 
stipula^oS a ritt V sir^Td nt '" *" neces ^y, the board may make such 



crease'^hi" ^ on f^cTuTotl mistake " ,* cont ™** t0 amend »<* » 
bid after the bids of the "her contractors *"' W^ °? th / faC€ ° f hi 
19 Dec. 89 (7 N. S. 590) contr actois have been opened and seen by him 

Section 7624. When it is necessary to procure or en- v 
large a school site, and the board of education and the own- #i 
er of the proposed site or addition are unable to agree upon poses 
the sale and purchase thereof, the board shall make an ac- 
curate plat and description of the parcel of land which it de- 
sires for such purposes, and file them with the probate judge 
or court of insolvency, of the proper county. Thereupon 
the same proceedings of appropriation shall be had which are 
provided for the appropriation of private property by munic- 
ipal corporation. (R. S. Sec. 3990.) " 



r£ jropriatior. 
of land for 
:hool pur- 



8o 



SCHOOL HOUSES AXD LIBRARIES. 



Submission 

of question 
of bond issue. 



Transfer of 
surplus of 
special tax or 
loan. 



Reappropria- 
tion and trans- 
fer of surplus 
in established 

fund. 



Power to bor- 
row to extend 
time, of debt. 



Power to ex- 
change 



Section yC)2^. "When the board of education of any 
school district determines that for the proper accommoda- 
tion of the schools of such district it is necessary to purchase 
a site or sites to erect a schoolhouse or houses, to complete 
a partially built schoolhouse, to enlarge, repair or furnish 
a schoolhouse, or to do any or all of such things, that the 
funds at its disposal or that can be raised under the pro- 
visions of sections seventy-six hunderd and twenty-nine and 
seventy-six hundred and thirty, are not sufficient to accom- 
plish the purpose and that a bond issue is necessary, the 
board shall make an estimate of the probable amount of 
money required for such purpose or purposes and at a gen- 
eral election or special election called for that purpose, sub- 
mit to the electors of the district the question of the issuing 
of bonds for the amount so estimated. Notices of the elec- 
tion required herein shall be given in the manner provided by 
law for school elections. (R. S. Sec. 3991.) 

When a proposition for a bond issue for erection or equipment of a 
Fc.hool house has been vo'.ed down three times, fuither submission of the 
proposition may be enjoined as an abus - of discretion and authority on the 
part of the board. 19 Dec. 80 <7 X. S. 590). 

Section 5G54. When there is in the treasury of any city, vil- 
lage, county, township or school district, a surplus of the proceeds 
of a special tax, or of proceeds of a loan for a special purpose, 
which is not needed for the purpose for which the tax was levied, 
or the loan made, it may be transferred to the general fund by 
an order of the proper authorities entered on their minutes. (R. 
S. Sec. 2834.) 

Section 5655. When there is in the treasury of such civil 
livision, as provided in the next preceding section, at the annual 
meeting or meetings otherwise provided by law at which the 
annual tax levy is to be considered and adopted, a surplus not 
exceeding one thousand dollars in any one established fund or 
division of the funds, which is not needed for the purpose for 
which the fund was created, the money appropriated, or the tax 
levied, before such annual tax levy is made, it may be consid- 
ered as unappropriated and may be reappropriated and trans- 
ferred, by an order as is provided in such section, to another 
existing fund for which a tax is to be or would otherwise be 
levied. The sum which it would be necessary to raise by tax- 
ation for- any purpose, if no such reapportionment was made, 
shall thereupon be reduced to the extent of the transfer tints 
made. This section shall not authorize such reapportionments 
or any_ transfer of funds at any other time than the meeting 
aforesaid to determine the tax levy nor authorize transfers at 
any one such meeting of over three thousand dollars in the 
aggregate, nor that the amount which may be lawfully raised by 
taxation for any purpose may be increased" by such transfer. (R. 
S. Sec. 28340 

riON 5656. The trustees of a township, the board of 
education of a school district and the commissioners of a county, 
for the purpose of extending the time of payment of any indebt- 
e Iness, which from its limits of taxation such township, district 
or county is unable to pay at maturity, may borrow money or 
; ssue the bonds thereof, so as to change, but not increase the 
indebtedness in the amounts, for the length of time and at the 
rate of interest that said trustees, board or commissioners deem 
rroper, not to exceed the rate of six per cent per annum, pay- 
able annually or semi-annually. (R. S. Sec. 2831a.) 

Section 5657. When it appears to the trustees of a town- 
ship, board of education of a school district or commissioners 
of a count}-, to be for the best interests of such township, school 



SCHOOL HOUSES AND LIBRARIES. 

district or county to renew, refund or extend the time of nav- 
ment of any bonded indebtedness which has not matured aifd 
hereby reduce the rate of interest thereon, they may issue for 
that purpose new bonds, and exchange the bonds 7 with the holder 
np ode t rs of , such outstanding bonds if such holder or holder! 
(R S Sec m &.) ngC and t0 SUCh redllCti ° n ° f ^ft 

Section 5658. No indebtedness of a townshin school Hk 
tnct or -county shall be funded, refunded or ™3d unless such 
indebtedness is first determined to be an existing 7alid and bind 
ing obligation .of such township, school district or county a 

formal resolution of the trustees, board of education or commis 
sioners thereof, respectively. Such resolution shall state the amoun"t 
of the existing indebtedness to be funded, refunded or extended 
her , § S r T te am0Unt ot , bo " ds to be issued therefor theTr num- 
ber and denomination, the date of their maturity the rate of 

^:%T^2^ e PlaCe ° f P ™ oVprmci^fanl 

the nfx? T thL 5 ? 9 ' r° r ** W™^ of the bonds issued under 
LSnn lf edm8 SeCtl ° nS ' the township trustees, board of 
education or county commissioners shall levy a tax in addition to 

mhTav ?o h nm Se uffi th ° r , iZed ' ^^ ^duri"*' £e ^oTtll 
uonjs na\e to rtn sufficient in amount to pay the accruing in- 
ter,, t and the bonds as they mature. (R. S. Sec. 2834a" 

Section 5660. The commissioners of a countv the trustee 

of a township and the board of education of a school distrfct 

oK I" , ClltCr ?. to any , contract > agreement or obligation n 

volving the expenditure of money, or pass any resolution or order 

for the appropriation or expenditure of money, unles the auditor 

purpose ol this section, be deemed in the treasury and in L 

tec k'Uh 8 a j t , h ?, order or ^solution is in force. (R S 

sec. ZtSdih, as amended May, 1910.) 

as ^^^^^ir^ f SL^ 'jf^^^ operation in so far 

render a note given by a board of FaL^ Statutory ^uirements should 
will not enjoin V s collection "s O C C ^ S^Ta^ a J la ^ C0UrtS 
Port, 78 O. S., 443.) See also 11 O. C C.\ 41 (Affirnfei^f Tl^fe) * *" 

Section 5661. All contracts, agreements' or obligations and 
orders or resolutions entered into or passed contrary tc t he oro 
t'ion°"l °u the . UeX \ P recedi "g action, shall be void, but such se?-~ 
Xr n " ?t apP iV° ' he COntracts authorized to be made by 
other provisions of law for the employment of teachers officers 

2834b°) S empI ° yeS ° f b ° arC ^ ° { education (R: S Sec 

See Mc Alexander v. Haviland School District io Dec SO n \r 5 son » 

acted 1^ &^ g^SZj&T ^ ^ ^ * "e'nJL? tfU 

respect to the ^tL^i^^^-'^^l^ >fc^^ sh ^ 

through itTTeco b rdsf°^tf acts'TnlinJ^lH 3 ^ ° f ^ UCation s P eaks °"* 
by its records. Hence although t h/ / d f e !' mi "at,ons are only known 
settle the q„es ion yet it safest tc a^l ?1 f f th f ? . sta * ute W "<>* clearly 

an ^^/determination Purchasers of To J, 1 ^..^rjnination is to be 

6 s. i y . 



8i 



Resolution as 
to such debts. 



Levy to meet 
payment of 
bonds. 



Certificate of 
clerk neces- 
sary in cer- 
tain cases. 



Exceptii ms 
thereto. 



82 



S< LOOL KOI SES AND LIBRARIES. 



If question 
approved, 
board may 
issue such 
bonds. 



Requisites 
of bonds 



Tax levy to 
pay bonds 

thus issued. 



Se< j u>\ 7626. If a majority of the electors, voting on 
the proposition to issue bonds, vote in favor thereof, the 
board thereby shall be authorized to issue bonds for the 
amount indicated by the vote. The issue and sale thereof 
shall be provided for by a resolution fixing- the amount of 
each bond, the length of time they shall run, the rate of 
interest they shall bear, and the time of sale, which may be 
by competitive bidding at the discretion of the board. (R. 
S. Sec. 3992.) 

Section 7627. Such bonds shall bear a rate of interest 
not to exceed six per cent per annum payable semi-annually, 
be made payable within at least forty years from the date 
thereof, be numbered consecutively, made payable to the 
bearer, bear date of the day of sale and be signed by the 
president and clerk of the board of education. The clerk 
of the board must keep a record of the number, date, 
amount, and the rate of interest of each bond sold, the a- 
mount received for it, the name of the person to whom 
sold, and the time when payable, which record shall be open 
to the inspection of the public at all reasonable times. 
Bonds so issued shall in no case be sold for less than their 
par value, nor bear interest until the purchase money for 
them has been paid. (R. S. Sec. 3992.) 

Section 7628. When an issue of bonds has been pro- 
vided for under the next three preceding sections, the board 
of education, annually, shall certify to the county auditor or 
auditors as the case may require, a tax levy surF-cient to pay 
such bonded indebtedness as it falls due together with ac- 
crued interest thereon. Such county auditor or auditors 
must place such levy on the tax duplicate. It shall be col- 
lected and paid to the board of education as other taxes are. 
Such tax levy shall be in addition to the maximum levy for 
school purposes, and must be kept in a separate fund and ap- 
plied only to the payment of the bonds and interest for 
which it was levied. (R. S. Sec. 3993.) 

Mandamus is the proper remedy to compel the board to appropriate 
moneys already in their treasury for that purpose, toward the payment of 
such bonds, and to levy such tax as may be necessary to complete such 
payment. 27 O. S., 96. 

A board of education agreed to borrow a sum of money at an aggregate 
rate of interest of fifteen per cent., in manner following: For the amount 
so to be borrowed, bonds were to be issued' bearing the authorized rate of 
interest, and for the excess of interest, orders on the treasury were to be 
issued, payable at the same time as the legal interest. The bonds were 
regularly issued, bearing eight per cent, interest, and sold at par. and the 
money was received and used as authorized. For the excess of interest, 
orders on the treasury were at the same time issued and delivered to the 
purchaser, as agreed to by the parties, but were never presented for payment, 
and after their maturity, lie offered to return them for cancellation: Held, 
that this agreement to pay excess of interest is void, and, having never been 
executed in whole or in part, will not avoid a recovery on the bonds. 35 
O. S.. 510. 

Certain bonds were issued bv a board of education: they were afterwards 
redeemed before maturity, and placed in the hands of the treasurer for de- 
struction. The treasurer failed to destrov them, but fraudulently used them 
as collateral security for an individual loan bv an innocent third person: 
Held, that the board was not liable for the payment of the same. 41 O. S., 504. 



Ad\ ert i 
of sale. 



SALE OF PUBLIC BONDS. 

Section 2294. All bonds issued by boards of county com- 
missioners. boards of education, or commissioners of free turn- 
shall be sold to the highest bidder after being advertised 



83 



How sold; 
when bids re- 
jected. 



SCHOOL HOUSES AND LIBRARIES. 

three times, weekly, in a newspaper having general circulation 
in the county where the bonds are issued, and, if, the amount of 
bonds to be sold exceeds twenty thousand dollars, in an addi- 
tional new -paper having general circulation in the state three 
times, weekly. The advertisement shall state the total amount of 
bonds to be sold, the amount of each bond, how long they are 
to run, the rate of interest to be paid thereon, whether annually 
or semi-annually, the law or section of law authorizing the issue 
yJS day A h ? u !\ and place m the co " n ty where they are to be sold' 

( oil V. DO § 1.) 

Section 2295. None of such bonds shall be sold for less 
ban the face thereof, with any interest that may have accrued 
thereon, and the privilege shall be reserved of rejection of any or 
al bids. It bids are rejected the bonds shall again be advertised 
All moneys from both principal and premiums on the sale of 
such bonds, shall be credited to the fund on account of which 
the bonds are issued and sold. (80 v. 68 § 1.) 

<K,JrT»T- 7629 \ T ^ bo Y d . of ed « ca tion of any school i ssue of bonds 
enstnet may issue bonds to obtain or improve public school by boards of 
property, and in anticipation of income from taxes for such edUCall ° n ' 
purposes, levied or to be levied, from time to time as occa- 
sion requires, may issue and sell bonds, uncler the restrictions 
and bearing a rate of interest specified in sections seventy- 
six hundred and twenty-six and seventy-six hundred and 
twenty-seven. The board shall pav such bonds and the in- 
terest thereon when due, but provide that no greater amount 
ot bonds be issued in any year than would equal the aggre- 
gate of a tax at the rate of two mills, for the year next pre- 
ceding such issue. The order to issue bonds shall be made 
enly at a regular meeting of the board and by a vote of two- 
thirds of its full membership, taken by yeas and nays and 
entered upon its journal. (R. S. Sec. 3994.) 

Section 7630. In no case shall a board of education 
issue bonds under the provisions of the next preceding sec- 
tion m a greater amount than can be provided for and paid 
with the tax levy authorized by sections seventy-five hundred 
and ninety-one and seventy-five hundred and ninety-two 
and paid within forty years after the issue on the basis of the 
tax valuation at the time of issue. (R. S. Sec. 3994.) 

See act referred to under Sec 7628 



Limit of 
issue. 



LIBRARIES. 

Section 7631. The board of education of any city 
vihage, township, or special school district, by resolution 
may provide for the establishment, control and maintenance' 
in such district of a public library, free to all the inhabitants 
thereof, bor that purpose, by purchase, it may acquire the 
necessary real property, and erect thereon a library building- 
acquire, by purchase or otherwise, from any other librarv 
association, its library property; receive donations and be- 
quests of money or property for such library purposes, and 
maintain and support libraries now in existence and con- 
trolled by the board. (98 v. 244 § 1.) 



Establishment 
of public 
library. 



s 4 



SCHOOL HOUSES AND LIBRARIES. 



Taxation. 



Libraries 
jointly owned, 
by two or 
more school 
districts. 



Board of trus- 
tees, appoint- 
ment, term. 



Management 
and control 
of library. 



Library trus- 
tees, number 
and eligi- 
bility of. 



Powers ol 
board. 



Section 7632. Such board of education annually may 
make a levy upon the taxable property of such school dis- 
trict, in addition to all other taxes allowed by law, of not 
to exceed one mill for a library fund, to be expended by the 
board, for the establishment, support and maintenance of 
such public library. (98 v. 244 §1.) 

Section 7633. But when a donation or bequest of 
money or property has been or is made to two or more 
school districts jointly, or jointly and severally for the pur- 
pose of establishing and maintaining such public library, and 
the money so donated has been or may be expended in the 
purchase of a site and the erection of a library building 
thereon, the provisions of this subdivision shall apply. In 
such case the board of education of each of the districts 
annually may levy not exceeding one mill, in addition to all 
other taxes allowed by law, upon the taxable property of such 
school districts for the establishment, support and mainte- 
nance of such public library, and the library building may be 
located at a convenient place in either district. (98 v. 
244 § 1.) 

Section 7634. The control of such building and li- 
brary and the expenditure of all moneys for the purchase of 
books and other purposes and the administration of the li- 
brarv shall be vested in a board of six trustees, three to be 
appointed by each of the boards of education for the term 
of five years. They must serve without compensation, and 
until their successors are appointed. In case of vacancy 
in the board, from refusal to serve, resignation or other- 
wise, it shall be filled by the boards of education of such 
district, for the unexpired term. (98 v. 244 §1.) 

State library commissioners to give advice and attention to free | iblic 
library officers; see Sec. 793. 

Section 7635. The board of elucation may provide 
for the management and control of such library by a board 
of trusteees to be elected by it as herein provided. (R. S. 
Sec. 399 8 " 2 -) 

Section 7636. Such board of library trustees shall 
consist of seven members, who must be residents of the 
school district. No one shall be eligible to membership on 
such library board who is or has been for a year previous 
to his election, a member or officer of the board of education. 
The term of office shall be seven years, except that at the first 
election the terms must be such that one member retires each 
year. Should a vacancy occur in the board, it shall be filled 
by the board of education for the unexpired term. The 
members of the library board must serve without compensa- 
tion and until their successors are elected and qualified. (R. 
S. Sec 3998-2.) 

SECTION 7637. In its own name, such library board 
shall hold the title to and have the custody, and control of all 
libraries, branches, stations, reading rooms, of all library 
property, real and personal, of such school district, and of 



May acquire 
land. 



SCHOOL HOUSES AND LIBRARIES. gc 

the expenditure of all moneys collected or received from any 
source for library purposes for such district. It may employ 
a librarian and assistants, but previous to such employment 
their compensation shall be fixed. (R. S. Sec. 3998-2.) 

Section 7638. By a two-thirds vote of its members 
such library board may purchase or lease grounds and build- 
ings, and erect buildings for library purposes. It also may 
appropriate land for library purposes if the owner and the 
board cannot agree upon terms, and dispose of land when, 
in its opinion, it is no longer needed for library purpose* 
Conveyances made by the board shall be executed in its name 
by its president and secretary. It may accept any gift, de- 
vise or bequest for the benefit of such library. No mem- 
ber of the library board shall be interested, directly or in- 
directly, in any contract made by the board. It shall report 
annually in writing to the board of education. (R S Se<- 
3998-2.) 

_ Section 7639. Such board of library trustees annually, Library fund, 
during the month of May, shall certify to the board of ho T P r ? vide <* 



and main- 
tained. 



education the amount of money needed for increasing, main- 
taining and operating the library during the ensuing year in 
addition to the funds available therefor from other sources. 
The board of education annually shall levy on each dollar of 
taxable property within such school district, in addition to 
all other levies authorized by law, such assessment not ex- 
ceeding one mill, as shall be necessary to realize the sum so 
certified, which must be placed on the tax duplicate and col- 
lected as other taxes. (96 v. 9 § 4.) 

Section 7640. The proceeds of such tax will consti- Payme nt s 
tute a tuncl to be known and designated as the library fund from hhrar * 
Payments therefrom shall be made only upon the warrant of f " nd- 
the library board of trustees, signed by the president and 
secretary thereof. (96 v. 9 § 4.) 

Section 7641. The board of education in any city, Boai 
village, township or special school district may contract annu- education 
ally with any library corporation or other organization own- wftn §£ 
ing and maintaining a library or with any board of trustees 
appointed by authority of law, having the management and 
control of a hbraiy, for the use of such library by the resi- 
dents of such district and it annually may levy a tax not ex- 
ceeding one mill on the. taxable property of such district to 
pay therefor. Such board of education shall require an 
annual report in writing from such library corporation or 
other organization or board of trustees. (As amended Mav 
10, 1910.) 

Section 7642. The board of education of any school 
district of the state, in which there is not a public librarv 
operated under public authority and free to all the residents 
of such district annually may appropriate not to exceed two 
hundred and fifty dollars from its contingent fund for the 



ioard of 

ract 
with library 
association for 
use of library. 



School 
library. 



S6 SCHOOL HOUSES AND LIBRARIES. 

purchase of books, other than school books, for the use and 
improvement of the teachers and pupils of such school dis- 
trict. The books so purchased shall constitute a school libra- 
ry, the control and management of which shall be vested in 
the board of education, which may receive donations and be- 
quests of money or property therefor. (96 v. 9 § 6.) 

lseu m. Section 7643. The board of education of any school 

district, or board of trustees managing and controlling a li- 
brary in any school district, may found and maintain a 
museum in connection with and as an adjunct to such li- 
brary, and for such purpose may receive bequests and do- 
nations of money or other property. (96 v. 9 § 7.) 



CHAPTER 3. 



SCHOOLS AND ATTENDANCE. 



7645. 

76 10. 
7647. 
7648. 
7649. 
7650. 
7651. 
7652. 
7653. 
7G54. 
7655. 
7656. 
7657. 



7650. 



7660. 



7661. 



7002 



Section 

7644. E1-. military schools; minimum and max- 
imum school weeks. 

Graded course of study. 

One school to be in each subdistrict. 

Normal school. 

Elementary school defined. 

High school defined. 

College defined. 

High schools classified. 

First grade. 

Second grade. 

Third grade. 

Elementary .grade. 

Diploma to be given to graduates. 

Certificate as to grade of school. 

Admission to professional school; ex- 
ception. 

Who eligible to take examination for ad- 
mission to bar or to enter professional 
school; exception. 

Information as to character of high 
school. 

Certificate as to grade of school; with- 
holding approval. 

Penalty for failure to give information. 

7663. Any board of education may establish 

high school. 

7664. Discontinuance thereof. 

7665. Management and control of township 

high schools. 

7666. School houses. 

7667. Admission of pupils. 

7668. Estimate of funds needed. 

7669. Union of districts for high school pur- 

poses. 

7670. High-school committee. 

7671. Funds, how provided. 

7672. Tax levy, five mills. 

7673. Tax levy, for support of municipal uni- 

versity. 

7674. Admission of high school graduates. 

7675. Disposition of funds. 

7676. Schools at children's homes, orphans' 

asylums and infirmaries. 

7677. Management of such schools. 

7678. Costs. 

7679. Evening schools. 

7680. Attendance by person more than twenty- 

one years old. 
7GS1. Who may be admitted to school free. 

7682. Non-resident pupils. 

7683. Crediting of school tax on tuition. 
7084. Assignment of pupils. 

7685. , Suspension and expulsion of pupils. 

7686. Vaccination of pupils. 

7687. Dismissal of school on holidays. 

7688. Arbor day. 

7689. School year, month, and week. 

7690. Control of schools vested in boards. 

7691. Terms. 

7692. Medical inspection. 

7693. Compensation. 

7694. Director of schools. 

7695. Powers. 

7696. Duties. 

7097. Compensation. 

7698. May suspend or remove director. 

7699. Appointees; clerk's duty. 

7700. Resignations. 

7701. Dismissals. 

7702. Superintendent of city school district. 

7703. Powers and duties. 

7704. "Service fund." 

7705. Superintendent of village, township, or 

special school district. 



Section 

77 0. Powers and duties. 

77i7. General duties of teachers. 

7708. Teachers dismissed for insufficient cause. 

7709. Filing and preservation of copies and 

prices of school books. 

7710. Maximum price; notification of pub- 

lisher. 

7711. Notices to boards. 

7712. Violation of agreement by publisher. 
7613. Text books, how determined; five year 

term. 

7714. Text books, of whom ordered. 

7715. Board of education, power and duties of- 

7716. Old books, purchase of. 

7717. Appropriation. 

7718. Sales agents, who may not be. 

7719. Purchase of Howe's Historical Collec- 

tions of Ohio. 

7720. Care and preservation of books. 

7721. Physical culture in schools. 

7722. Powers of board of education, as to 

manual training, etc. 

7723. Instruction as to effect of alcoholic 

drinks on the human system. 

7724. Provision therefor. 

7725. Instruction of teachers. 

7720. Examination of teachers required. 

7727. Duty of commissioner of common 

schools. 

7728. Forfeiture for failure to give instruc- 

tion. 

7729. When German language may be taught. 

7730. Suspension of schools in subdistricts; 

conveyance of pupils. 

7731. Centralization, notice required. 

7732. Conveyance of pupils in special districts. 

7733. Conveyance of pupils in village districts. 

7734. Pupils may be sent from one district to 

another. 

7735. Attendance at nearest school. 
7730. Expense per capita. 

7737. Not to apply when schools arc central- 

ized. 

7738. Sufficient school accommodations to be 

provided. 

7739. Free school books. 

7740. Examination for entering high school. 

7741. Preparation of questions. 

7742. Township commencement. 

7743. Who to take part in commencement. 

7744. County commencement; diploma. 

7745. Compensation of county examiner and 

clerk. 
7740. Expense of commencement. 

7747. Diplomas, effect of, as to tuition. 

7748. Third grade high school, duty of board 

to graduates. 

7749. Transportation to high school. 

7750. Agreement, effect of, as to tuition. 

7751. Tuition, how paid. 

7732. What shall constitute a high school. 

7753. Inspectors, appointment and duties of. 

7754. Field agents, report of. 

SCHOOLS FOR THE DEAF. 

7755. Establishment of schools for the educa- 

tion of the deaf. 
7750. Report to state commissioner of schools. 

7757. How expense of school defrayed. 

7758. Payment of expenses. 

7759. Appointment and qualifications of teach- 

ers. 

7700. Who shall be considered as deaf. 

7701. Inspection of schools for deaf. 



Section 7644. Each board of education shall establish f C h™ig. tary 

a sufficient number of elementary schools to provide for the minimum and 

free education of the youth of school age within the district "cnooWeeks. 

87 



88 SCHOOLS AND ATTENDANCE. 

under its control, at such places as will be most convenient 
for the attendance of the largest number thereof. Every 
elementary day school so established shall continue not less 
than thirty-two nor more than forty weeks in each school 
yean All the elementary schools within the same school 
district shall be so continued. (R. S. Sec. 4007.) 

Section 7644-1. The board of education in any city 
school district may establish such special elementary schools 
as it deems necessary for youth of school age who are af- 
flicted with tuberculosis, and may cause all youth, within 
such district, so afflicted, to be excluded from the regular 
elementary schools, and may provide for and pay from the 
school funds, the expense of transportation of such youth to 
and from such special schools. (Passed May 10, 1910.) 

Graded course Section 7G45. Boards of education are required to 

: stu y> prescribe a graded course of study for all schools under their 

control in the branches named in section seventy-six hundred 
and forty-eight, subject to the approval of the state com- 
missioner of common schools. (R. S. Sec. 4007.) 

Neglect to Section 12900. Whoever, being a principal or person in 

instruct pupils charge of a public or private school or educational institution 
m fire drills. having an average daily attendance of fifty or more pupils, wil- 
fully neglects to instruct and train such pupils by means of drills 
or rapid dismissals at least once a month while such school or 
institution is in session, so that such pupils, in a sudden emer- 
gency may leave the school building in the shortest possible time 
and without confusion, or wilfully neglects to keep the doors and 
exits of such building unlocked during school hours, shall be fined 
not less than five dollars nor more than twenty dollars for 
each offense. (99 v. 231 §§ 1, 2.) 

Same as to Section 12901. Whoever, being a teacher or instructor in 

dangers of a public, private or parochial school, wilfully neglects to devote 
re - ! es ? than thirty minutes in each month during which such school 

is in session to instructing the pupils thereof between the ages of 
six and fourteen years, as to dangers of fire, shall be fined not 
less than five dollars nor more than twenty dollars. (99 v 9 31 
§§ 1, 2.) 

Duty of state Section 12902. The state fire marshal shall prepare a book 

fire marshal. for the purpose of the instruction of pupils provided in the next 
two preceding sections. Such book shall be conveniently arranged 
in a sufficient number of chapters or lessons to provide a different 
one thereof for each week of the maximum school year. One of 
such chapters or lessons shall be read each week by the teacher 
in such school. (99 v. 231 § 1 ) 



Dutv of school Section 12903. Such books shall be published at the ex- 
commissioner, pense of the state under the direction of the state school commis- 
sioner, who shall furnish a copy thereof to each teacher required 
to give such instruction. (99 v. 231 § 1.) 

J^ntions , Section 12901. The next four preceding sections shall not 

to same. app ] y lo co ii eges an( j universities. (99 v. 232 § [.) 

Manual to Section 12905. The members of the boards of education. 

be i^ued. school directors, trustees or other body of persons having control 

of the schools of a township, village or- city shall cause a copy 
ot [lie next five preceding sections to be printed in the manual 
or handbook prepared for the guidance of teachers where such 
manual is in use (99 y 23° § 3 ^ 



SCHOOLS AND ATTENDANCE. 



Section 7646. Each township board of education One school to 
shall establish and maintain at least one elementary school subd?str?ct! 
in each subdistrict under its control, unless transportation 
is furnished to the pupils thereof as provided by law. (R. 
S. Sec. 4007.) 

Change of boundaries and suspension of schools in sub-districts, con 
veyance of pupils; see Sees. 7730-7732. 

In determining: the question as to how may schools are necessary in th : 
districts, either of townships, villages, or cities, three things should be con- 
sidered: 1. Convenience of access. 2. Economy in expenditure. 3. A proper 
grading and classification of the pupils, in cases where grading is possible. 

There is no reason why two or more school houses or two or more school 
rooms may not be provided in a sub-district. 



Normal 
school. 



Section 7647. The board of education in any city 
school district may establish and maintain a normal school 
within its district, and also establish and maintain such 
summer or vacation schools, school gardening and play 
grounds as to it seems desirable. (R. S. Sec 4007.) 

Section 7648. An elementary school is one in which Elementary 
instruction and training are given in spelling, reading, writ- f^ 1 de ~ 
ing, arithmetic, English language, English grammar and 
composition, geography, history of the United States, includ- 
ing civil government, physiology and hygiene. Nothing 
herein shall abridge the power of boards of education to 
cause instruction and training to be given in vocal music, 
drawing, elementary algebra, the elements of agriculture 
and other branches which they deem advisable for the best 
interests of the schools under their charge. (R. S. Sec. 
4007-1.) 



High school 
defined. 



Section 7649. A high school is one of higher grade 
than an elementary school, in which instruction and train- 
ing are given in approved courses in the history of the 
United States and other countries ; composition, rhetoric, 
English and American literature ; algebra and geometry ; 
natural science, political or mental science, ancient or mod- 
ern foreign langauages, or both, commercial and industrial 
branches, or such of the branches named as the length of 
its curriculum makes possible. Also such other branches 
of higher grade than those to he taught in the elementary 
schools, with such advanced studies and advanced reviews 
of the common branches as the board of education directs. 
CR. S. Sec. 4007-2.) 

Section 7650. A college is a school of a higher grade College 
than a high school, in which instruction in the high school defined - 
branches is carried beyond the scope of the high school and 
other advanced studies are pursued, or a school in which 
special, technical or professional studies are pursued, and 
which, when legally organized, may have the right to con- 
fer degrees in agreement with the terms of the law regula- 
ting its practices or its charter ; or in the absence of legisla- 
tive direction, in agreement with the practices of the better 
institutions of learning of their respective kinds in the 
United States. CR. S. Sec. 4007-3.) 






SCHOOLS AND ATTENDANCE. 



grade. 



nigh schools Section 7651. The high schools of the state shall be 

ed - classified into schools of the first, second, and third grades. 

All courses of study offered in such schools shall be in 

branches enumerated in section seventy-six hundred and 

forty-nine. (R. S. Sec. 4007-4.) 

Section 7652. A high school of the first grade shall 
be a school in which the courses offered cover a period of 
-,iot less than four years, of not less than thirty-two weeks 
each, in which not less than sixteen courses are required for 
graduation. (R. S. Sec. 4007-4.) 

Second grade. Section 7653. A high school of the second grade 

shall cover a period of not less than three years, of not 
less than thirty-two weeks each, in which not less than 
twelve courses of study are required for graduation. (R. 
S. Sec. 4007-4.) 

Third grade. Section 7654. A high school of the third grade shall 

cover a period of not less than two years, of not less than 
twenty-eight weeks each, in which not less than eight 
courses of study are required for graduation. (R. S. Sec. 
4007-4.) 

Elementary Section. 7655. Public schools of a less grade shall 

grade. j 3e denominated as elementary schools. A course of study 

shall consist of not less than four recitations a week con- 
tinued throughout the school year. (R. S. Sec. 4007-4.) 



Diploma to 
be given to 
graduates. 



Section 7656. A diploma must be granted by the 
board of education to any one completing the curriculum 
in any high school which diploma shall state the grade of 
the high school issuing it as certified by the state commis- 
sioner of common schools, be signed by the president and 
clerk of the board of education, the superintendent and the 
principal of the high school, if such there be, and shall bear 
the date of its issue. (R. S. Sec. 4007-5.) 

Certificate as Section 7657. A certificate shall also be issued to the 

s?hooi ade ° f holder of each diploma in which shall be stated the grade of 
the high school, the names and extent of the studies pursued 
and the length of time given to each study to be certified 
to in the same manner as set forth for a diploma. (R. S. 
Sec. 4007-5.) 

i,,n to Section 7658. A holder of a diploma from a high 

.' e^ school of the first grade shall be entitled to a certificate of 
ceptiori. admission without examination to any college of law. medi- 

cine, dentistry, or pharmacy in this state, when the holder 
thereof has completed such courses in science and language 
as are prescribed by the legally constitute 1 authorities regu- 
lating the entrance requirements of such college; except such 
institutions privately endowed which may require a higher 
standard for entrance examinations than herein is provided. 
(R. S. Sec. 4007-5.) 



SCHOOLS AND ATTENDANCE. 



91 



Section 7659. A holder of a diploma from any grade 
of high school or of a teacher's certificate from a county or 
city board of teacher's examiners, when he has pursued his 
studies under private tutorage or in an office, shall be eligi- 
ble to take the examination for admission to the practice of 
law or to take the examination prescribed to enter a college 
of law, medicine, dentistry or pharmacy ; except such insti- 
tutions privately endowed, which may require a higher 
standard for entrance examinations than herein is provided. 
(R. S. Sec. 4007-5.) 

Section 7660. The clerk of the board of education of 
each district in which a high school is established and main- 
tained shall furnish to the state commissioner of common 
schools definite and accurate information concerning the 
length of time necessary for the completion of the high 
school curriculum or curriculums, the courses of instruction 
offered therein, and such other information as the com- 
missioner requires in relation to the high school work of 
the district, and in the form and manner he prescribes. 
Such information shall be filed when high schools are estab- 
lished or any changes made in curriculums. (R. S. Sec. 
4007-6. ) 

Section 7661. Upon examination of the information 
thus filed, or after personal inspection of work done if he 
deems this advisable, or both, the state commissioner of com- 
mon schools, shall determine the grade of each such high 
school and, under the seal of his office, certify to the clerk 
of the board of education his finding as to the grade of the 
high school maintained by such board. But he may with- 
hold his approval of any curriculum, when it appears to 
him that it does not comply with legal and reasonable 
requirements. When it appears that any curriculum, al- 
ready approved, has been so modified as to change the grade 
of the high school, either by advancing or reducing its grade, 
he shall certify his finding and all diplomas issued there- 
after shall bear the grade so designated by him. (R. S. 
Sec. 4007-6.) 

Section 766?. No school shall be considered a high 
school that has not furnished the information and received 
a certificate as provided above, nor be entitled to the privi- 
leges and exceptions provided by law for high schools. (R. 
S. Sec. 4007-6.) 

Section 7663. A board of education may establish one 
or more high schools, whenever it deems the establishment 
of such school or schools proper or necessary for the con- 
venience or progress of the pupils attending: them, or for 
the conduct and welfare of the educational interests of the 
district. (R. S. Sec. 4009.) 

This section fullv authorizes hoards of education 'o establish high schools 
without submitting the ouestion to a vote of the electors of the district, 
unless it should he found necessary to levy a tax in excess of the maximum 
allowed bv law and issue bonds; in which case an election is required: see 
Sec. 7625. 



Who elij 

to take exami- 
nation for ad- 
mission 
or to enter 
professional 
school: ex 
ception. 



Inform 

as to character 

of high 



Certificate ai 
to grade of 
school: with- 
holding ap- 
proval. 



Penal ty for 
failure to give 

information. 



Any bo; 

education may 
establish 

high 51 



92 



SCHOOLS AXD ATTENDANCE. 



Discontin- 
uance thereof. 



Management 

and control 
(if township 
high schools. 



School- 
houses. 



Admission 
of pupils. 



Estimate of 
funds needed. 



Union of dis- 
tricts for 
high school 
purposes. 



Section 7664. Such school or schools, when establish- 
ed, shall not be discontinued under three years from the 
time of their establishment, except by a vote of three-fourths 
of all the members of the board of education of the district, 
at a regular meeting. (R. S. Sec. 4009.) 

A township high school does not pass to a village incorporated out of the 
territory including it by reason of a general saving clause in the act of 1373. 
41 O. S., 6S0. 

Change of territory organizing a separate school district does not 
entitle the new district to seize on property within it that had been set apart 
by the township board for a higher school than a primary, although this would 
be within the letter of R. S., Sec. 3972, which relates to the subject. 46 
O. S., 595. 

Section 7665. When a township board of education 
establishes and maintains a high school or high schools with- 
in the district under its control, it shall have the the manage- 
ment and control thereof, and may employ and dismiss 
teachers, and give certificates of such employment, and for 
services rendered, directed to the township clerk. (R. S. 
Sec. 4009-1.) 

Section 7666. Such board of education shall build, 
repair, add to and furnish the necessary schoolhouses, pur- 
chase or lease sites therefor, or rent suitable rooms, and 
make all other necessary provisions relative to such schools 
as may be deemed proper. (R. S. Sec. 4009-1.) 

Section 7667. Such board of education may regulate 
and control the admission of pupils from the elementary 
schools under its charge to such high school or high schools, 
according to age and attainments, may admit adults over 
twenty-one years of age, and pupils from other districts on 
such terms and under such rules as it adopts. It shall 
maintain such high school or high schools not less than twen- 
ty-eight nor more than forty weeks in any school year. (R. 
S. Sec. 4009-1.) 

Section 766$. In townships where a high school or 
high schools are, or may be established, by the township 
board of education, it annually shall determine by estimate, 
as near as practicable, the entire amount of money necessary 
to be expended in the township for school and schoolhouse 
purposes, including the paying of teachers in such schools, 
the prolonging of the terms of the several elementary schools 
of the township after the state funds have been exhausted, 
the erecting, repairing and furnishing of school houses, and 
any other school purposes not exceeding in any one year 
ten mills on the dollar of the taxable property of the town- 
ship, which amount shall be certified in writing to the 
county auditor, by such township board, on or before the 
first Monday in June of each year. (R. S. Sec. 4009-2.) 

Section 7669. The boards of education of two or 
more adjoining township school districts, or of a township 
district and of a village or special school district situated 
partially or wholly within the township, or of any two or 
more of such school districts. 1 y a majority vote of the full 
membership of each board, may unite such districts for high 



SCHOOLS AND ATTENDANCE. 

school purposes. Each board also may submit the question 
of levying a tax on the property in their respective districts, 
for the purpose of purchasing a site and erecting a building,' 
and issue bonds, as is provided by law in case of erecting or 
repairing school houses ; but such question of tax levy must 
carry in each district before it shall become operative in 
either. If such boards have sufficient money in the treas- 
ury to purchase a site and erect such building, or if there 
is a suitable building in either district owned by the board 
of education that can be used for a high school building it 
will not be necessary to submit the proposition to vote, and 
the boards may appropriate money from their funds for this 
purpose. (99 v. 462 § 1.) 

Section 7670. Any high school so established shall be 
under the management of a high school committee, consist- 
ing of two members of each of the boards creating such 
joint district, elected by a majority vote of such boards. 
Their membership of such committee shall be for the same 
term as their terms on the boards which they respectively 
represent. Such high school shall be free to all youth of 
school age within each district, subject to the rules and 
regulations adopted by the high school committee, in regard 
to the qualifications in scholarship requisite for admission 
such rules and regulations to be of uniform operation 
throughout each district. (9$ v. 462 § 1.) 

Section 7671. The funds for the maintenance and 
support of such high school shall be provided by appropria- 
tions from the tuition or contingent funds, or both, of each 
district, in proportion to the total valuation of property in 
the respective districts, which must be placed in a separate 
fund in the treasury of the board of education of the dis- 
trict in which the school house is located, and paid out by 
action of the high school committee for the maintenance 
of the school. (99 v. 462 §1.) 



93 



by ma 

tenanc 
such se 



Township board of education may be compelled under this s-ctioi 
c" nTVX a PP r °P na f te ^s proportionate share of expanse for the main 
ce of such school from the tuition or contingent fund provided b' 
section; but it can not be compelled to make the appropriat ion from i 



High school 
committee. 



Funds, li 
provided. 



levy made for the subsequent" yeaVun^ it cr^^^^onTTSuTTmpalring 
the general school fund or the efficiency of the common schools 30 O C. C 

Section 7672. Boards of education exercising control Tax 
for the purpose of taxation over territory within a town- 
ship or joint township high school district mav levy upon all 
the taxable property within such territory, not exceeding 
five mills on one dollar in any one year, in addition to all 
other lawful levies for the maintenance of any township or 
joint township high school to which such territory belongs. 
All funds derived from levies so made shall be kept sepa- 
rate and be paid out for the maintenance of the school 
for which they were made. (99 v. 462 §1.) 

Section 7673. The school board of any village school 
district in which is located a university or college, organized 
under the laws of this state, as an institution of learning 



h •>. 

five mills. 



Tax levy for 
support of 
municipal 
university. 



<»4 SCHOOLS AND ATTENDANCE. 

not for profit, and under the management of a board of 
trustees, may levy a tax not exceeding two mills annually, 
in addition to all lawful taxes for all other purposes, upon 
all taxable property within such district for the support of 
such university or college. (99 v. 519 § I.) 

1 of Section 7674. In the event such levy is made, all 

holders of a high school diploma obtained from such village 
district high school shall have the right to attend such uni- 
versity or college for the period of two years, free of tui- 
tion. < v 99 v. 520 § 2.) 

Disposition Section 7675. The funds arising from such tax levy 

nrls - shall be turned over to the board of trustees of such uni- 

versity or college by the county treasurer to be expended 
by them in the conduct of the university or college and for 
no other purpose. (99 v. 520 § 3.) 

Schools at Section 7676. The board of any district in which a 

hoiras^or- children's home or orphans' asylum is established by law, 
phans' asy- or m which a county infirmary is established, when request- 
firmaries. ed by the board of trustees of such children's home, orphans* 

asylum or the directors of such infirmary, shall establish a 
separate school in such home, asylum or infirmary, so as to 
afford to the children therein, as far as practicable, the 
advantages and privileges of a common school education. 
Such schools at infirmaries must he continued in operation 
each year until the share of all the school funds of the dis- 
trict belonging to such children, on the basis of the enumera- 
tion, is expended, and at such homes and asylums not less 
than forty-four weeks. If the distributive share of school 
funds to which the school at such a home or asylum is en- 
titled by the enumeration of children in the institution is not 
sufficient to continue the schools for that length of time, the 
deficiency shall be paid out of the funds of the institution. 
(R. S. Sec. 4010.) 

igement Section 7677. All schools so established in any such 

> ^ h home, asylum or infirmary, shall be under the control and 

management of the respective boards of trustees or directors 
of such institution, which boards in such control and man- 
agement so far as practicable, shall be subject to the same 
laws that boards of education and other school officers are 
who have charge of the common schools of such district. 
(R. S. Sec. 4010.) 

Section 7678. In the establishment of such schools 
the commissioners of the county in which such children's 
home, orphans' asylum or county infirmary is established, 
shall provide the necessary school room or rooms, furniture, 
fuel, apparatus and books, the cost of which for such 
schools must be paid out of the funds provided for such 
institution. The board of education shall incur no expense 
in supporting such schools. (R. S. Sec. 4010.) 

For ads relating to children's homes, see Sees. 3077 
See also sections 4083 I 8S. 






citv 



Evenini 

schools. 



Who may be 
admitted to 
school free. 



SCHOOLS AND ATTENDANCE. 

Section 7679. In any township, special, village, or 
, district, or part thereof, parents or guardians of youth 
of school age may petition the board of education to organ- 
ize an evening school. The petition must contain the names 
of not less than twenty-five youth of school age who will 
attend such school, and who for reasons satisfactory to the 
board are prevented from attending day school. Upon re- 
ceiving such petition the board of education shall furnish 
a suitable room for the evening school and employ a compe- 
tent person who holds a regularly issued teacher's certificate, 
to teach it. Such board may discontinue any such evening 
school, when the average evening attendance for any month 
fails belcw twelve. (R. S. Sec. 4012.) 

Section 7680 Any person more than twenty-one Attendance 

years old may be permitted to attend evening school upon ^^than 

such terms and upon payment of such tuition as the board twenty-one 

of education prescribes. (R. S. Sec. 4012a.) years old ' 

Section 7681. The schools of each district shall be 
free to all youth between six and twenty-one years of age, 
who are children, wards, or apprentices of actual residents 
of the district, including children of proper age who are 
inmates of a county or district children's home located in 
such a school district, at the discretion of its board of 
education. But all youth of school age living apart from 
their parents or guardians and who work to support them- 
selves by their own labor, shall be entitled to attend school 
free in the district in which they are employed. ( R. S. 
Sec. 40T3.) 

Attending school in other district if nearer; see sections 7734 7735. 

The children inmates of the German Protestant Asylum of Cincinnati. 
are not children, wards, or appreniices of actual residents" in the school 
district within which said asylum is located, and therefore, under the act ot 
1-eb 21. 1840, are not entitled to gratuitous admission to the privileges of the 
public ^schools of said district. 10 O. S., 448. 

ii , m? re g ulation can be made under this section that does not apply to 
all children, irrespective of race or color. 45 O. S., 555. 

Under this section persons under twenty-one years of age, though mar- 
ried, are entitled to all the privileges of the schools of the district in which 
they reside notwithstanding they have not been enumerated in the school 
census, and in consequence can draw no part of the state school fund. 

_ that portion of the above section relating to children living apart f 
tlieu- parents or guardians, who support themselves bv their own labor c 
not apply where a child moves into a district in which his parents do not live, 
with the express purpose of attending school, and incidentally works for his 
Doarcl and lodging; in such cases tuition can be charged. 

Section 12906. Whoever, being a pupil in the public schools, 
organizes, joins or belongs to a fraternity, sorority or other like 
society composed of or made up of pupils of the' public schools, 
shall be fined not less than ten dollars nor more than twenty-five 
dollars for each offense. (99 v. 253 §§ 1, 3.) 

Section 12907. Whoever, being a teacher, principal or super- Teacher, prin- 
mtendent. having knowledge or reason to believe that a fraternity, cipal or' super 
sorority or like society composed or made up of pupils of the l ntendent . fa ^ 
public schools, is being organized or maintained in the public ,Tofice° offra- 
schools or that a pupil attending such school is organizing, or temity in 
is a member of. such fraternity, sorority or like society, ' fails 
forthwith to advise the president or secretary of the board of 
education in charge of such schools thereof, shall be fined not 
less than ten dollars nor more than twenty-five dollars for each 
offense. (99 v. 253 §§ 2, 3.) 



95 



rom 
does 



1 lipil .10111111' 

fraternity; 

penalty. 



schools. 



96 



SCHOOLS AND ATTENDANCE. 



Board of edu- 
cation to in- 
vestigate 
charges of 
existence of 
fraternity; no- 
tice to mem- 
bers thereof. 



Suspension of 

pupils. 



Non-resident 

pupils. 



Crediting of 
school tax 
on tuition. 



Assignment 
of pupils. 



Suspension 
and expulsion 
of pupils. 



Section 12908. Whoever, being a board of education in 
charge of public schools, upon being advised in accordance with 
the provisions of the next preceding section, within thirty days 
thereafter, fails to investigate such charges after not less than 
ten days' written notice to such pupils, their parents or guar- 
dians, or, being the secretary of such board of education, when 
such board has found the charges mentioned in the next preced- 
ing section to be correct and true, fails forthwith to notify in 
writing the pupils organizing, joining or belonging to such fra- 
ternity, sorority or like society, to disband and discontinue it and 
to withdraw therefrom within five days from the receipt of such 
notice, shall be fined not less than ten dollars nor more than 
twenty-five dollars for each offense. (99 v." 253 §§ 2, 3.) 

Section 12909. Whoever, being a pupil in the public schools, 
organizing, joining or belonging to a fraternity, sorority or like 
society composed or made up of pupils of the public schools, 
fails to obey the notice provided for in the next preceding sec- 
tion, shall be forthwith suspended from the public schools by 
the superintendent or principal in charge thereof in cities or dis- 
tricts having such superintendents or principals, or the clerk of 
the board of education in villages, special and township districts 
not having such superintendent or principal, until such pupil shall 
comply with the order of such board of education. (99 v. 253 § 2.) 

Section 7682. Each board of education may admit 
other persons upon such terms or upon the payment of 
such tuition as it prescribes. (R. S. Sec. 4013.) 

Section 7683. When a youth between the age of six 
and twenty-one years or his parent owns property in a school 
district in which he does not reside, and he attends the 
schools of such district, the amount of school tax paid on 
such property shall be credited on his tuition. (R. S. Sec. 
4013-) 

Section 7684. Boards of education may make such an 
assignment of the youth of their respective districts to the 
schools established by them as in their opinion best will 
promote the interests of education in their districts. (R. 
S. Sec. 4013.) 

Mandamus will not lie to compel hoard of education to promote a pupil 
to a higher grade than tint for which he was successfully examined, notwith- 
standing such pupil is fitted to enter such grade, such question being dis- 
cretionary with the board. Sycamore (Bd. of Ed.) v. Wickham, SJ O. S., 133. 

Section 7685. No pupil shall be suspended from 
school by a superintendent or teacher except for such time 
as is necessary to convene the board of education, nor shall 
one be expelled except by a vote of two-thirds of such board, 
and after the parent or guardian of the offending pupil has 
been notified of the proposed expulsion, and permitted to be 
heard against it. No pupil shall be suspended or expelled 
from any school beyond the current term thereof. (R. S. 
Sec. 4014.) 

The father of a child entitled to the benefits of the public school of the 
sub-district of his residence may maintain an action against the teacher ot 
the school, and the local directors of the sub-district, for damages for wrong- 
fully expelling the child from school. 21 O. S., 6f>6. 

In many cases of incorrigibility, proceedings can be instituted against 
the offender as provided by section 7774. as a juvenile disorderly person 
(section 7768), instead of expulsion by the board, as it is in the interest of 
die commonwealth to keep the child in school, if possible. 

The parent has no right to interfere with the order or progress of the 
school by detaining his child at home, or by sending him at times that prove 
an annoyance or hindrance to others. 31 Iowa, 558. 

The right to attend school is not absolute, but conditional on compliance 
with the rules. 48 Vt., 173. 



SCHOOLS AND ATTENDANCE. 



Section 7 686. The board of each district may make 
and enforce such rules and regulations to secure the vacci- 
nation of, and to prevent the spread of small-pox among 
the pupils attending or eligible to attend the schools of thf 
district, as m its opinion the safety and interest of the public 
require. Boards of health, councils of municipal corpora- 
tions and the trustees of townships, on application of the 
board of education of the district, at the public expense 
without delay, shall provide the means of vaccination to such 
pupils as are not provided therewith by their parents or 
guardians. (R. S. Sec. 3986.) ' 

v. i*&*<Sf^TV£t «V$r s " ' 6 vr ina,ion ' s,a,c 

Affirmed 76 O. S., 297. K J bU8J 

Section 7 68 7 Teachers in the public schools may 
dismiss their schools, without forfeiture of pay, on the first 
day of January the twenty-second day of February, the 
thirtieth day of May, the fourth day of July, the first Mon- 
day in September, the twenty-fifth day of December, and on 
any day set apart by proclamation of the president of the 
Lmted States, or the governor of this state as a day of fast 
thanksgiving or mourning. (R. S. Sec. 4015.) 

contratntio C n ie ;f i la,v° t '^ b> ' tte Pr ° visi ° ns of a «*tract which are in 

notwigaK 

On th?^e-mem& ,0 i;. ann0t ^ te3CherS f ° ™ ke "* *>' t£> ^st 

can be no penalty laid unnn «.„£ „t. * su l>ject to such days, and there 
reductions of w^k" 3 Hlich?4S4 rVanCeS ' "' "" Way o( *<»**«« or 

Section 7688. Not later than April the eovernor of 
the state shall appoint and set apart one day in tire spring 

IZ n n M- eaC r. y . ear ' '?- a day 0n which tll0se in ch arge of 
the public schools and institutions of learning under state 
control, or state patronage, for at least two hours must gfve 
information to the pupils and students concerning the value 
and interest of forests, the duty of the public to protect he 
birds thereof, and also for planting forest trees. P S„cr7day 
shall be known as Arbor day. (95 v . 38 § 1.) 

Section 7689. The school year shall begin on the < 
firs day of September of each year, and close on the thirty- ™° 
first day of August of the succeeding year. A, school week " eek 

l«L C ° n % °c c V? da y s i a " d a sdl °°' month of four school 
weeks. (K. S. Sec. 4016.) 

to teach The 3 sl^ToreV™ W T^ VUpUs t0 attend SchooI > or te ^hers 
make up for losTtime by teShfn Nrf d,S — ° ne , wee \ and te ^hers cannot 
from the board of Education g 5S '" a WCek Wlth ° Ut ex P ress authority 

cati n T ?o Cl ma S ke h u V p e lost *!& £^ h ' CXP ™ 8 <? Utho f lty ° f the board of ^~ 

mmmmmm 



97 



\"accination 
of pupils. 



Dismissal of 
school on 
holidays 



Arbor day, 



. ear, 
month, and 



s. r„ 



(;8 SCHOOLS AND ATTENDANCE. 

Control of Section 7690. Each board of education shall have 

in h boards. ested tne management and control of all of the public schools of 
whatever name or character in the district. It may appoint 
a superintendent of the public schools, truant officers, and 
janitors and fix their salaries. If deemed essential for the 
best interests of the schools of the ditrict, under proper 
rules and regulations, the board may appoint a superintend- 
ent of buildings, and such other employes as it deems neces- 
sary, and fix their salaries. Each board shall fix the salaries 
of all teachers, which may be increased, but not diminished 
during the term for which the appointment is made. Teach- 
ers must be paid for all time lost when the schools in which 
they are employed are closed owing to an epidemic or other 
public calamity. (R. S. Sec. 4 OI 7-) 

Stipulation that teacher would not accept compensation for attending 

teachers' institute held void. Elizabeth Tp. (Bd. of Ed.) v. Burton, 30 O. 
C. C. 411 (11 N. S. 103.) 

See ex rel. v. Wickham under 7GS4. 

Section 7690-1. All employes in each city school dis- 
trict shall be divided into two classes to be known as the 
classified and unclassified service. The unclassified service 
shall include the position of officers elected by the people or 
appointed to fill vacancies in such offices ; persons who by 
law are to serve without remuneration ; persons who are 
required by law to have a teacher's certificate; the superin- 
tendent of instruction, the director of schools and the clerk 
of the board of education, school physicians and nurses, 
secretaries, chief deputies in the offices of the director and 
clerk of the board of education, the chief truant officer, all 
unskilled labor when but temporarily employed, and such 
other appointees as the civil service commission may by rule 
determine. The classified service shall comprise all offices 
and positions not included in the unclassified service. 
(Passed April 26, 1910.) 

Section 7690-2. The civil service commissioners of 
each city shall be and are hereby constituted the civil service 
commissioners of the board of education in each city school 
district and the board of education of such district shall 
provide for such clerical force, examiners, and the necessary 
expenses of such commissioners as may be necessary for the 
purpose of carrying out the provisions of this act. 

The civil service commissioners shall keep separate 
registers and records of all positions and appointments in 
the classified service of the board of education. All appli- 
cants for admission into the classified service of the board of 
education shall be subject to examination, which shall be 
competitive, public and open to all residents of the city 
school district, with such limitations as to age, sex, resi- 
dence, health, habits and moral character as said commission 
may prescribe. The- commission shall prepare rules and 
regulations adapted to carry out the purposes of this act, 
which rules and regulations shall provide for the grading of 
positions similar in character, so as to permit the filling of 



I 



SCHOOLS AND ATTENDANCE. 99 

positions in the highest grades as far as practicable by pro- 
motions ; and shall provide for public examinations to ascer- 
tain the fitness of all applicants for appointments in the 
classified service, and the result of such examinations shall 
be accessible to all persons. Such applicants shall take rank 
upon the register of the commission as candidates in the 
order of their relative standing without reference to priori- 
ty of examination, and grades and standings so established 
shall remain the grades for a period of six (6) months or 
longer, if the commission so determine. (Passed April 26, 
1910.) 

Section 7690-3. Whenever an appointment is to be 
made to any position in the classified service, the board or 
officer shall notify the commission of any vacancy to be 
filled. The commision shall thereupon certify to such board 
or officer the three candidates the highest in the respective 
lists as shown by the result of such examination, and such 
board or officer shall thereupon appoint cne of the three so 
certified. Any candidate whose name shall have been certi- 
fied three times without appointment may be dropped from 
the register by the commission. (Passed April 26, 1910.) 

Section 7690-4. It shall be the duty of each appoint- 
ing officer or board to report to the civil service commission 
forthwith upon such appointment or employment the name 
of such appointee or employe, the title, the character of his 
employment, the date of the commencement of service, the 
salary or compensation thereof, and such other information 
as the commission may require in order to keep the roster 
herein provided; and it shall be the duty of said commission 
to prepare, conduct and keep in its office a complete roster 
of all persons in the classified service of the board of educa- 
tion, which roster shall be open to inspection at all reason- 
able hours. It shall show in reference to each of said per- 
sons his name, the date of his appointment to or employ- 
ment in such service, his salary or compensation, the title 
of the position or office he holds, or nature of the duties 
thereof; and, in case of removal or resignation, the date of 
the termination of such service. (Passed April 26, 1910.) 

Section 7690-5. No officer -or employe within the 
classified service who shall have been appointed under the 
provisions of this act or who shall have been continuously 
in the employment of the board of education for a period of 
three (3) years shall be removed, reduced in rank or dis- 
charged except tor some cause relating to his moral charac- 
ter or his suitableness and capacity to perform the duties of 
his position, though he may be suspended from duty without 
pay for a period of not exceeding thirty (30) days pending 
the investigation of charges against him. Such cause shall 
be determined by the removing authority and repoited in 
writing with a specific statement of the reasons therefor 
to the commission, but shall not be made public without the 
consent of the person discharged. Before such removal, 



IOO SCHOOLS AND ATTENDANCE. 



Terms. 



reduction or discharge shall become effective the removing 
authority shall give such person a reasonable opportunity to 
know the charges against him and to be heard in his own be- 
half, and if such charges be not sustained by the commis- 
sion he shall be reinstated in his position. (Passed April 
26, 1910.) 

Section 7690-6. Nothing herein contained shall pre- 
vent the board of education of each city school district from 
defining the duties of its various employes, and prescribing 
the rules and regulations under which they shall serve nor 
from exercising proper supervision over them. Nor shall 
the board of education of such city school district be pre- 
cluded from securing labor or assistance for short periods 
within its discretion in cases of emergencey. (Passed April 
26, 1010.) 

Section 7691. No person shall be appointed as a 
teacher for a term longer than four school years, nor for 
less than one year, except to fill an unexpired term, the 
term to begin within four months of the date of the ap- 
pointment. In making appointments teachers in the actual 
employ of the board shall be considered before- new teach- 
ers are chosen in their stead. (R. S. Sec. 4 OI 7-) 

If a board of education require its committee on teachers or in city 
districts, the superintendent, to report the teachers for ^po 1 "*"/"' 8 ^ £e 
newly appointed teachers on separate lists, the adoption of the report or «e 
confirmation of the appointments by the superintendent is sufficient considera- 

HOn a Thrrstrictio y n la that no contract is valid unless « is -treasury 
and set apart, does not apply to contracts authorized by the pr ovisio ns of 
law to be made for employing teachers and other school employes, see bee. 

' Vote necessary to elect superintendent and teachers; Sec. 4752, 
The passage of a resolution to employ a certain teacher, notice sent to 
him, and the party accepting and entering upon his duties constitutes a 
valid contract between the school board and the teacher. 12 C. L., 249. 

Illegal provisions in a contract to employ a teacher, which are separate 
from the legal part and are not performed, do not invalidate his right to 
recover his salary, as where he was employed at a certain salary with a 
provision that if he could not do the work alone he should have power to 
employ assistance at his own expense, but he performed the service without 

an as ^ st c a J^ mi f t 9 ee /Veachers appointed by the board may make recommenda. 
tions to the board, but no teacher, or other employee can be legally elected 
exceot at a meeting of the board of education, and by a majority vote of 
SS Entire boaTd and" after the manner directed in section 4752 I the meeting 
is a special one, each member must have been notified in accordance with the 
provisions of section 4751. . . , _„_* v.- 

The dismissal of a teacher or other employee is business and must be 
transacted at a regular or special meeting, and reasons therefor must be 
spread upon the minutes. _ . . , , . . . , - 

If a teacher is employed for a definite time, and during the period of 
his employment, the district officers close the schools on account of the 
prevalence of contagious diseases, and keep them closed for a V™ e f ;,,?"£*«' 
teacher continues ready to perform his. contract, he is entitled to ^ f«» wages 
during such period. The act of God is not an excuse for non-performance 
of a contract, unless it renders performance impossible; if it merely makes it 
difficult and inexpedient, it is not sufficient Although under such circum- 
stances it is eminently prudent. to dismiss school yet this affords no reason 
why the misfortune of the district should be visited upon the teacher. Dewey 
v. Union School District of Alpena, 43 Mich., 480. 

A person who engages to teach for a definite term, and leaves the 
school without just cause, cannot sustain an action for services already ren- 
dered.^ 29^ t.^ ^ ^ n ^ ^^ ^^ absence Qf a teacher for a single 
day without consent of the trustees annuls the contract. New York Code oi 

ns "gjo"' t 25cher abandoning his school because not sustained by the trustees 

in the enforcement of reasonable rules is entitled to wages for the time taught. 

7 Vermont, 452; 55 Mo., 149. , . 

The discharge of a janitor's duties is no part of a teacher s work, ana, 

in the absence of a contract to perform such duties, he is under no legal 



SCHOOLS AND ATTENDANCE. IOI 

obligation to do so, no difference what may have been the custom in the 
district, nor how long acquiesced in. 

The teacher cannot compel pupils to do any janitorial work, such as 
building fires or sweeping school houses. 97 111., 375. 

Many city boards of education have as one of their standing rules that 
all of their employees shall hold their positions at the discretion of the board. 
This condition in a contract with employees hired for a specified time is null 
and void. The statute names the causes for which an appointee may be dis- 
missed, and that appointee can be dismissed for no other. A rule of a board 
of education cannot override a state law. 

Instructor or teacher having sexual intercourse with female pupil; see 
Sec. 13030. For definition of "term" as used in section 13030, see Esley v. State, 
10 O. C. C, N. S., 169. 

Boards of education are authorized to adopt and enforce necessary rules 
and regulations for the government of schools under their management and 
control. Sewall v. Board of Education, 29 O. S., 89; see Sec. 4750. 

Where instruction in rhetoric is given in any grade or department of the 
school, and one of the rules adopted by the board for the government of the 
pupils therein provides that if any pupil should fail to be prepared with a 
rhetorical exercise at the time appointed therefor, he or she should, unless 
excused on account of sickness or other reasonable cause, be immediately 
suspended from such department, it was held that such a rule was reasonable. 
29 O. S., 89. 

Section 7692. Any board of education in a city school Medical 
district may provide for the medical inspection of pupils m ^ ectl0n - 
attending the public schools. For that purpose it can em- 
ploy competent physicians, nurses, and provide for and pay 
all expenses incident thereto from the public school funds, 
or by agreement with the board of health or other board or 
officer performing the functions of a board of health for 
such city. It may provide for medical and sanitary super- 
vision and insoection of the schools which are under the con- 
trol of such board of education and of the pupils attending 
such schools, by a competent physician selected by the par- 
ent or guardian of the child, but on failure of the parent or 
guardian, then by the district physicians and other employes 
to be appointed by such board of health. (R. S. Sec. 
4018a.) 

Section 7693. A board of education in a city school Compensation. 
district making such agreement may provide and pay com- 
pensation to the employes of the board of health in addition 
to that provided by the city. (R. S. Sec. 4018a.) 

Section 7694. A board of education in a city school , 
district, may elect a director of schools, who shall serve as schools 
such for the term of two years, unless earlier removed. A 
vacancy in this office shall be filled for the unexpired term 
thereof. (R. S. Sec. 4017.) 

Section 760s. As director of schools, he shall exe- Powers. 
cute for the board of education, in the name of the school 
district, its contracts and obligations, except that bonds 
issued must be signed by the president of the board, and 
attested by the clerk. He shall see that all contracts made 
by or with such board are fully and faithfully performed. 
Except teachers, assistant teachers, supervisors, principals, 
superintendent of instruction, clerk of the board of educa- 
tion, such director shall have the appointment subject to the 
approval and confirmation of the board of all employes, and 
may discharge them. He shall have the care and custody 
of all property of the school district, real and personal, ex- 
cept moneys, oversee the construction of buildings, in the 



Director of 



102 



SCHOOLS AND ATTENDANCE. 



Duties. 



Compensation. 



May suspend 
or remove 
director. 



Appointees; 
clerk's duty. 



process of erection, and the repairs thereof ; and advertise 
for bids and purchase all supplies and equipments authorized 
by the board. (R. S. Sec. 4017.) 

Section 7696. Such director shall report to the board 
monthly, and oftener if required, as to all matters under his 
supervision, and report to the board a statement of its ac- 
counts, exhibiting- the revenues, receipts, disbursements, 
assets and liabilities, the sources from which the revenues 
and funds are derived, and in what manner they have been 
disbursed. He shall keep accurate account of taxes levied 
for school purposes, and of all moneys due to, received and 
disbursed by the board ; also, of all assets and liabilities and 
all appropriations made by it, and receive and preserve all 
vouchers for payments and disbursements made to or by 
the board. He must issue all warrants for the payment of 
money from the school fund, but no warrant shall be issued 
for the payment of any claim until it has been approved by 
the board. The pay roll for teachers, assistant teachers and 
supervisors must be countersigned by the superintendent of 
instruction. Such director shall attend all meetings of the 
board, and perform all of its executive functions not here- 
inbefore excepted in defining the duties of the director of 
schools. He must devote such portion of his time to the 
duties of his office as is required by the board of education 
at or before his election, and give a bond for the faithful dis- 
charge of his duties as director of schools, in such sum as 
the board determines, his sureties to be approved by it, 
which bond shall be deposited with the president of the board 
within ten days after his appointment. (R. S. Sec. 4017.) 

Section 7697. Such director shall receive such com- 
pensation, not exceeding five thousand dollars per annum, as 
is fixed by the board before his election, which shall not 
be changed during his term of office. (R. S. Sec. 4017.) 

Section 7698. By a two-thirds vote for cause, the 
board of education at any time may suspend or remove the 
director of schools, but such suspension or removal shall not 
be made unless the charges are preferred in writing, and an 
opportunity afforded to bring all offered pertinent testimony 
in as a defense, which testimony shall be receive! and con- 
sidered by the board and made a part of its records . (R. 
S. Sec. 4017.) 

Section 7609. Upon the appointment of any person 
to any position under the control of the board of education, 
the clerk promptly must notify such person verbally or in 
writing of his appointment, the conditions thereof, and re- 
quest and secure from him within a reasonable time to be 
determined by the board, his acceptance or rejection of such 
appointment. An acceptance of it within the time thus de- 
termined shall constitute a contract binding both parties 
thereto until such time as it may be dissolved, expires, or the 
appointee be dismissed for cause. (R. S. Sec. 4017.) 

The statutes regulating the hiring of teachers, must be strictly fol- 
lowed. Beck v. Rocky River Sch. Dist. (Bd. of Ed.), 29 O. C. C, 717 (9 



SCHOOLS AND ATTENDANCE. 



103 



Resignations. 



Dismissals. 



Superintend- 
ent of city 
school dis- 
trict. 



Powers and 

duties. 



Section 7700. All resignations or requests for release 
from contract by teachers, superintendents, or employes, 
must be promptly considered by the board, but no resignation 
or release shall become effective except by its consent. (R. 
S. Sec. 4017.) 

Section 7701. Each board may dismiss any appointee 
or teacher for inefficiency, neglect of duty, immorality, or 
improper conduct. No teacher shall be dismissed by any 
board unless the charges are first reduced to writing and 
an opportunity be given for defense before the board, or a 
committee thereof, and a majority of the full membership 
of the board vote upon roll call in favor of such dismissal. 
(R. S. Sec. 4017.) 

Section 7702. The board of education in each city 
school district shall appoint a suitable person to act as super- 
intendent of the public schools of the district, for a term not 
longer than five school years, and to begin within four 
months of such appointment. (R. S. Sec. 4017a.) 

Section 7703. Upon his acceptance of the appoint- 
ment, such superintendent, subject to the approval and con- 
firmation of the board, may appoint all the teachers, and for 
cause suspend any person thus appointed until the board 
or a committee thereof considers such suspension, but no 
one shall be dismissed by the board except as provided in 
section seventy-seven hundred and one. But any city board 
of education, upon a three-fourths vote of its full member- 
ship, may re-employ any teacher whom the superintendent 
refuses to appoint. Such superintendent shall visit the 
schools under his charge, direct and assist teachers in the 
performance of their duties, classify and control the promo- 
tion of pupils, and perform such other duties as the board 
determines. He must report to the board annually, and 
oftener if required, as to all matters under his supervision, 
and may be required by it to attend any and all of its meet- 
ings. He may take part in its deliberations but shall not 
vote. (R. S. Sec. 4017a.) 

Section 7704. On the third Monday of every January 
the clerk of the board of education of a city school district 
shall certify to the board of education of which he is clerk, 
the number of pupils enrolled in the public schools of that 
district, whereupon the board of such city school district 
may by resolution set aside from the contingent fund a sum 
not to exceed five cents for each child so enrolled, such sum 
of money to be known as the "service fund" to be used only 
in paying the expenses of such members actually incurred in 
the performance of their duties ; such payments to be made 
only on statement of the several members furnished at the 
last meeting held in each month. (99 v. 322 § 1.) 

Section 7705. The board of education of each village, 

township and special school district may appoint a suitable ent of village, 

person to act as superintendent, and to employ the teachers special School 

of the public schools of the district, for a term not longer district - 



"Service 
fund." 



Superintend- 



04 



SCI'.OOLS AND ATTENDANCE. 



Powers and 
duties. 



General 

of teachers. 



Teacher- dis- 
missed for in- 
sufficient 

cause. 



Filing and 

vat ion 
of copies a 

of 
school-books 



than three school years, to begin within four months of the 
date of appointment. But nothing herein shall prevent two 
or more districts uniting and appointing the same person as 
superintendent. (R. S. Sec. 4017a.) ' 

Section 7706. Upon his acceptance of the appoint- 
' ment, such superintendent may visit the schools under his 
charge, direct and assist teachers in the performance of 
their duties, classify and control the promotion of pupils, 
and perform such other duties as the board determines. He 
shall report to the board of education annually, and oftener 
if required, as to all matters under his supervision, and 
may be required by it to attend any and all of its meetings. 
He may take part in its deliberations, but shall not vote. 
But any board may permit or require the superintendent to 
devote a portion of his time to teaching, subject to its rules 
and regulations. (R. S. Sec. 4017a.) 

duties ( Section 7707. Teachers must exercise reasonable care 
in regard to school property, apparatus, an;! supplies intrust- 
ed to their keeping. They shall strive to guard the health 
any physical welfare of the pupils in their schools, give 
sufficient instruction in the studies pursued, an dendeavor 
to maintain good discipline over all the pupils under their 
charge. But no teacher shall be required by any board to 
do the janitor work of any school room or building, except 
as mutually agreed by special contract, and for compensa- 
tion in addition to that received by him for his services as 
teacher. (R. S. Sec. 4018.) 

A teacher may decline to perform janitor service until the board makes 

a special contract with him for such service for compensation in addition 
to his salary as teacher 

_ A teacher required by a board of education to do janitor work without 

having made a special contract so to do, and without extra compensation 

therefor, may recover the reasonable value of such services from such 
board. 16 0. D. N. P., 414. 

Section 7708. If the board of education of any dis- 
trict dismisses a teacher for any frivolous or insufficient 
reason, the teacher may bring suit against such district. If, 
on trial of the cause a judgment be obtained against the 
district, the board thereof shall direct the clerk to issue an 
order upon the treasurer for the sum so found due to the 
person entitled thereto, to pay it out of any money in his 
hands belonging to the district, applicable to the payment of 
teachers. In such suits process may be served on the clerk 
of the district, and service upon him shall be sufficient. (R. 
S. Sec. 4019.) 

Since possession of a certificate is prima facie evidence of competency 
and good character the burden of sustaining a charge against the teacher 
for inefficiency, neglect of duty, immorality or improper conduct is thrown 
upon the person or persons preferring such charges. . 

Section 7700. Any publisher or publishers of school- 
books in the United States desiring to offer school-books 
for use by pupils in the common schools of Ohio as herein- 
after provided, before such books may be lawfully adopted 
and purchased by any school board, must file in the office of 
the state commissioner of common schools, a copy of each 
book proposed to be so offered, together with the published 



nd 



SCHOOLS AND ATTENDANCE. IO - 

list wholesale price thereof. No revised edition of any such 
book shall be used in common schools until a copy of such 
edition has been filed in the office of the commissioner to- 
gether with the published list wholesale price thereof. The 
commissioner must carefully preserve in his office all such 
copies of books and the prices thereof. (92 v. 282 § 1.) 



Maximum 
price; notilic: 
tion of pub- 
lisher. 



Section 7710. When and so often as any book and the 
price thereof is filed in the commissioner's office as provided 
in the next preceding section, a commission consisting of the 
governor, secretary of state and state commissioner of com- 
mon schools, immediately shall fix the maximum price at 
which such books may be sold to or purchased by boards 
of education, as hereinafter provided, which price must not 
exceed seventy-five per cent of the published list wholesale 
price thereof. The state commissioner of common schools 
immediately shall notify the publisher of such book so filed, 
of the maximum price fixed. If the publisher so notified, 
notifies the commissioner in writing that he accepts the 
price fixed, and agrees in writing to furnish such book dur- 
ing a period of five years at that price, such written ac- 
ceptance and agreement shall entitle the publisher to offer 
the book so filed for sale to such boards of education (q-> 
v. 282 § 2.) 

Section 771 i. Such commissioner, during the first Notices to- 
half of the month of June, in each year, must furnish to boards - 
each board of education the names and addresses of all 
publishers who during the year ending on the first day of 
the month of June in each year, agreed in writing to fur- 
nish their publications upon the terms above provided. A 
board of education shall not adopt or cause to be used in the 
common schools any book whose publisher has not complied, 
as to such book, with the provisions of law relating- there- 
to. (92 v. 282 §3.) 

Section 7712. If a publisher who agreed in writing Violation c 
to furnish books as above provided, fails or refuses to fur- pfS™ 4 
nish such books adopted as herein provided to any board of 
education or its authorized agent upon the terms herein 
provided, such board at once must notify such commission 
of such failure or refusal, and it at once shall cause an in- 
vestigation of such charge to be made. If it is found to be 
true the commission at once shall notify such publisher and 
each board of education in the state that such book shall not 
thereafter be adopted and purchased by boards of education. 
Such publisher shall forfeit and pay to the state of Ohio five 
hundred dollars for each failure, to be recovered in the name 
of the state, in an action to be brought by the attorney- 
general, in the court of common pleas of Franklin county. 
or in any other proper court or in any other place where 
service can be made. The amount, when collected, must 
be paid into the state treasury to the credit of the common 
school fund of the state. (92 v. 283 § 4.) 



mined; five 
year term. 



io 6 SCHOOLS AND ATTENDANCE. 

Text books; Section 7713. At a regular meeting, held between the 

L^yJ^fy.; ' first Monday in February and the first Monday in August, 
each board of education shall determine by a majority vote 
of all members elected the studies to be pursued and which 
of such text-books so filed shall be used in the schools under 
its control. But no text-books now in use or hereafter 
adopted shall be changed, nor any part thereof altered or re- 
vised, nor any other text-book be substituted therefor for 
five years after the date of the selection and adoption there- 
of, as shown by the official records of such boards, except 
by the consent' at a regular meeting, of five-sixths of all 
members elected thereto. Books so substituted shall be 
adopted for the full term of five years. (99 v. 460 § 5-) - 

Injunction lies to restrain illegal change in school text-books. Lenhart 
v. Newton Tp. (Bd. of Ed.) 18 Dec. 825 (5 N. S., 129). 

Text-books. Section 7714. Each board of education shall cause 

ordered™ it to be ascertained, and at a regular meeting determine 

which, and the number of each of such books the schools 
under its charge require, and cause an order to be drawn 
for the amount in favor of the clerk of the board of educa- 
tion, payable out of the contingent fund. Such clerk at once 
shall order the books so agreed upon by the board, of the 
publisher, who on the receipt of such order must ship them 
to the clerk without delay. He forthwith shall examine the 
books, and, if found right and in accordance with the order, 
remit the amount to the publisher. The beard of education 
must pay all charges for the transportation of the books, 
out of the school contingent fund. But if such boards of 
education at any time can secure of the publishers books at 
less than such maximum price, they shall do so. and with- 
out unnecessary delay may make effort to secure such low- 
er price before adopting anv particular text-book. (99 v. 
460 § 5.) 

Board of Section 7715. Each board' of education shall make 

education a ]| nece ssary provisions and arrangements to place the books 

power and , - , L . „ . «- r 1 -1 1 11 j.1 

duties of. so purchased within easy reach of and accessible to all the 
pupils in their district. For that purpose it may make such 
contracts, and take such security as it deems necessary, for 
the custody, care and sale of such books and accounting 
for the proceeds; but not to exceed ten per cent, of the cost 
price shall be paid therefor. Such books must be sold to 
the pupils of school age in the district, at the price paid 
the publisher, and not to exceed ten per cent, therefor add- 
ed. The proceeds of sales shall be paid into the contingent 
fund of such district. Boards also may contract with local 
retail dealers to furnish such books at prices above specified, 
the board being still responsible to the publishers for all 
books purchased by it. foo v. 460 S 5.) • 

oid books, Section 7716. When pupils remove from any district. 

purchase of. am j ] iave text-books of the kind adopted in such district 
and not the kind adopted in the district to which they re- 
move, and wish to dispose of them, the board of the district 



SCHOOLS AND ATTENDANCE. 

from which they remove, if requested, shall purchase them 
at the fair value thereof, and resell them as other books. 
Nothing herein shall prevent the board of education from 
furnishing free books to pupils as provided by law. (go v 
460 § 5.) 

Section 7717. For the purpose of carrying into effect 
the foregoing provisions, and paying the expenses incident 
thereto, there is hereby appropriated out of any money in the 
state treasury, to the credit of the general revenue fund, 
not otherwise appropriated, the sum of five hundred dollars^ 
to be disbursed and paid on the allowance and order of the 
commissioner of common schools. (99 v. 460 § 5.) 

Section 7718. A superintendent, supervisor or princi- 
pal, employed by any board of education in the state shall 
not act as a sales agent, either directly or indirectly, for any 
person, firm or corporation whose school text books are filed 
with such state commissioner, for use in the public schools 
of the state, as provided by law. A violation of this pro- 
vision shall work a forfeiture of their certificates to teach in 
the public schools of Ohio. (99 v. 460 § 5.) 

Section 7719. Boards of education of city, village 
township and special school districts in the state may pur- 
chase for each school in either of such districts one copy of 
Howe's Historical Collections of Ohio," to be used as a 
reference book in the study of the history of the state. But 
such work m quality, style, binding and finish must be equal 
to the present published edition thereof, bound in half Rus- 
sia leather, and shall not cost to exceed three dollars per 
volume, for each set of three volumes. The price of the 
books and cost of transportation shall be paid out of the 
contingent fund of such district. (89 v. 241 § 1.) 

Section 7720. During the vacations of schools, or 
when they are ont in session such books shall be taken care 
of in the same manner that maps, globes, dictionaries and 
other school apparatus are cared for and preserved (80 
v. 341 § 2.) 

Section 7721. Physical training shall be included in 
the branches regularly to be taught in public schools in city 
school districts, and in all educational institutions supported 
wholly or m part by money received from the state. Boards 
of education of city school districts, and boards of such 
educational institutions must make provisions in the schools 
and institutions under their jurisdiction for teaching phys- 
ical training, and adpot such methods as will adapt it to the 
capacity of pupils in the various grades therein. Other 
boards may make such provisions. The curriculum in all 
normal schools of the state shall contain a regular course 
on physical education. (97 v. 364 § 1.) 

Section 7722. Any board of education may establish 
and maintain manual training, domestic science, and com- 
mercial departments ; agriculture, industrial, vocational and 



107 



Appropriation. 



Sales agents, 
who may not 
be. 



Purchase of 
Howe's His- 
torical Col- 
lections of 
Ohio. 



Care and 
preservation 
of books. 



Physical 
culture i 
schools. 



Powers of 
board of edu- 
cation, as to 
manual train- 
ing, etc. 



io8 



SCHOOLS AND ATTENDANCE. 



Instruction 
as to effect 
of alcoholic 
drinks on the 
human system 



Provision 
therefor. 



In -traction 
ichers. 



Examination 
of teachers 
required. 



1 >uty of con 
missioner of 

common 
schools. 



Forfeiture 
for failure 
ive in- 
ion. 



Winn German 
ge may 
tught. 



trades schools, also kindergartens, in connection with the 
public school system ; and pay the expenses of establishing 
and maintaining such schools from the public school funds, 
as other school expenses are paid, (ioo v. 17 § 1.) 

Section 7723. The nature of alcoholic drinks and oth- 
er narcotics, and their effects on the human system, in con- 
nection with the various divisions of physiology and hygiene, 
shall be included in the branches to be regularly taught in 
the common schools of the state, and in all educational in- 
stitutions supported wholly, or in part, by money from the 
state. (94 v. 396 § 1.) 

Section 7724. Boards of education, and boards of 
such educational institutions shall make suitable provisions 
for this instruction in the schools and institutions under 
their respective jurisdictions, giving definite time and place 
therefor in the regular course of study ; adopt such methods 
as will adapt it to the capacity of pupils in the various 
grades ; and to corresponding classes as found in ungraded 
schools. The same tests for promotion shall be required 
in this as in other branches. (94 v. 396 § 1.) 

Section 7725. In all teachers' institutes, normal 
schools and teachers' training classes, hereafter established 
by the state, adequate time and attention shall be given to 
instruction in the best methods of teaching such branch. 
(94v. 396 §2.) 

Section 7726. No certificate shall be granted to any 
person to teach in the common schools, or in any education- 
al institution supported by the state who does not pass a 
satisfactory examination on such subject, and the best 
methods of teaching it. (94 v. 396 § 2.) 

Section ^^2^. The state commissioner of common 
school shall see that the provisions in the next two preced- 
ing sections relating to county teachers' institutes, and 
schools and classes by whatever name hereafter established 
for training teachers, and the examination of teachers, are 
carried out. Each year, he must make full report of the en- 
forcement of such sections in connection with his annual 
report. (94 v. 396 § 2.) 

Section 7728. Any school official, or employe in any 
way concerned, in the enforcement of the next five preced- 
ing sections who wilfully refuses or neglects to provide for, 
or to give the instruction as to the nature and effect of alco- 
holic drinks and other narcotics, hereinbefore required,, shall 
forfeit and pay for each offense the sum of twenty-five dol- 
lars. Mayors, justices of the peace and probate judges shall 
have concurrent jurisdiction with the common pleas court to 
try all such offenses. All forfeitures collected hereunder 
must be paid into the general county school fund of the 
county in which it was collected. (94 v. 307 § 3.) 

Section 7720. Boards of education may provide for 
the teaching of the German langauge in .the elementary and 



SCHOOLS AND ATTENDANCE. 



IOQ 



high schools of the district over which they have control, 
but it shall only be taught in addition, and as auxiliary to, 
the English language. All the common branches in the pub- 
lic schools must be taught in the English language. (R. 
S. Sec. 4021.) 

Section 7730. The board of education of any town- 
ship school district may suspend the schools in any or all 
subdistricts in the township district. Upon such suspen- 
sion the board must provide for the conveyance of the pupils 
residing in such subdistrict or subdistricts to a public school 
in the township district, or to a public school in another dis- 
trict, the cost thereof to be paid out of th^ funds of the 
township school district. Or, the board may Abolish all the 
subdistricts providing conveyance is furnished to one or 
more central schools, the expense thereof to be paid out of 
the- funds of the district. No sub-district school where the 
average daily attendance is twelve or more, shall be so sus- 
pended or abolished, after a vote has been taken under the 
provisions of law therefor, when at such election a majority 
of the votes cast thereon were against the proposition of 
centralization, or when a petition has been filed thereunder 
and has not yet been voted upon at an election. (R. S. Sec. 
3922.)^ 

Trie courts will not interfere with the discretion of township boards 
of education in suspending schools in subdistricts. 17 O. D. N. P., 269. 

Section 7731. No township schools shall be central- 
ized under the next preceding section by the board of educa- 
tion of the township until after sixty days' notice has been 
given by the board, such notices to be posted in a conspicu- 
ous place in each subdistrict of the township. When trans- 
portation of pupils is provided for, the conveyance must 
pass within at least the distance of one-half of a mile from 
the respective residences of all pupils, except when such 
residences are situated more than one-half of a mile from 
the public road. But transportation for pupils living less 
than one and one-half miles, by the most direct public high- 
way, from the school house shall be optional with the board 
of education. (R. S. Sec. 3922.) 

Section 7732. Boards of education of special school 
districts may provide for the conveyance of the pupils of 
such districts to the school or schools of the districts or to 
a school of any adjoining district, the expense thereof to be 
paid from the school fund of the special school districts. 
But boards of education of such districts as provide trans- 
portation for the pupils thereof, shall not be required to 
transport pupils living less than one mile from the school- 
house; and such boards of education shall not discriminate 
between different portions of said districts or between pupils 
of similar ages or residing at similar distances from the 
school-house. (R. S. Sec. 3934. as amended April 27, 
1910.) 

Section 7733. At its option, the board of education 
in any village school district may provide for the conveyance 
of the pupils of the district or any adjoining district, to the 



Suspension 
schools in 
subdistrict- ; 
conveyance 
of pupils. 



CentralizatK n, 
notice re- 
quired. 



Conveyance of 
pupils in 
special dis- 
tricts. 



Conveyance 
of pupils in 
village dis- 
tricts. 



I IO 



SCHOOLS AND ATTENDANCE. 



Pupils may 
be sent from 
one district to 
another. 



Attendance at 

nearest 

school. 



Expense per 

capita. 



Not to apply 
when schools 
are central- 
ized. 



Sufficient 
school ac- 
commodations 
to be pro- 
vided. 



school or schools of the district, the expense of conveyance 
to be paid from the school funds of the district in which 
such pupils reside. But such boards as so provide trans- 
portation, shall not be required to transport pupils living less 
than one mile from the school house or houses. (As amend- 
ed May io, 1910.) 

Section 7734. The board of any district may contract 
with the board of another district for the admission of pupils 
into any school in such other district, on terms agreed upon 
by such boards. The expense so incurred shall be paid out 
of the school funds of the district sending such pupils. (R. 
S. Sec. 4022.) 

Who may be admitted to the public schools: see Sec. 4013. 
The contract must be express, merely permitting the attendance of a non- 
resident pupil creates no liability. 50 O. S., 439. 

Section 7735. When pupils live more than one and 
one-half miles from the school to which they are assigned 
in the district where they reside, they may attend a nearer 
school in the same district, or if there be none nearer there- 
in, then the nearest school in another school district, in all 
grades below the high school. In such cases the board of 
education of the district in which they reside must pay the 
tuition of such pupils without an agreement to that effect. 
But a board of education shall not collect tuition for such 
attendance until after notice thereof has been given to the 
board of education of the district where the pupils reside. 
Nothing herein shall require the consent of the board of 
education of the district where the pupils reside, to such at- 
tendance. (R. S. Sec. 4022a.) 

The foregoing section does not require the board of education to 
admit pupils to a school outside the district in which they reside unless the 
school in their district is more than a mile and a half from their residence, 
and more remote from their residence than the school to which admission 
is sought. Boyce v. Board of Ed., 7G O. S., 365. 

Section 7736. Such tuition shall be paid from either 
the tuition or the contingent funds and the amount per 
capita must be ascertained by dividing the total expenses of 
conducting the elementary schools of the district attended, 
exclusive of permanent improvements and repairs/ by the 
total enrollment in the elementary schools of the district, 
such amount to be computed by the month. An attendance 
any part of a month will create a liability for the whole 
month. (R. S. Sec. 4022a.) 

Section 77S7. When the schools of a district are cen- 
tralized or transportation of pupils provided, the provisions 
of the next two preceding sections shall not apply. (R. S. 
Sec. 4022a.) 

No contract between the boards is necessary. If the receiving board 
give the permission, the sending board must pay, no permission of the sending 
board is necessary. 10 C. C, 617. 

The distance is to be measured by the most direct public highway, from 
the school house to the nearest portion of the curtilage of the child's resi- 
dence. 5S O. S., 390. 

Section 7738. Every board of education in this state 
must provide sufficient accommodations in the public 
schools for all children in their districts compelled to at- 



SCHOOLS AND ATTENDANCE. 



I 1 



Free school- 
books 






Exa 
for 
higr 



mination 
entering 
i school. 



tend the public schools under the provisions of this chapter. 
Authority to levy the tax and raise the money necessary for 
such purpose, is hereby given the proper officers charged 
with such duty under the law. (R. S. Sec. 4022-13.) 

Section 7739. Each board of education may furnish, 
free of charge, scfiool-books, necessary to enable the parent 
or guardian, without expense therefor, to comply with the 
requirements of this chapter, to be paid for out of the con- 
tingent fund at its disposal. Such levy each year, in addi- 
tion if necessary to that otherwise authorized, as may be 
necessary to furnish such school-books free of charge to all 
the pupils attending the public schools, is hereby authorized. 
But pupils wholly or in part supplied with necessary school- 
books shall be supplied only as other or new books arc 
needed. All school-books furnished as herein provided, 
shall be the property of the district, and loaned to the pu- 
pils on such terms and conditions as each such board pre- 
scribes. (R. S. Sec. 4026.) 

Boards of education which furnish free text-books to pupils in the schools 
under their control may pay the exchange price when making an exchange 
of text-books; but it is unlawful to do so when the board has not previously 
adopted the free text-book plan as provided for by 1 iw. 

Section 7740. Each board of count}- school exam- 
iners shall hold examinations of pupils of township and 
special districts, and of village districts in the subjects of 
orthography, reading, writing, arithmetic, English grammar 
and composition, geography, history of the United States, 
including civil government, and physiology. Two such ex- 
aminations must be held annually, on the third Saturday of 
April, and one on the third Saturday of May, at such place 
or places as such board designates. (As amended April 15, 
1910.) 

Section 7741. The questions for all such examina- 
tions, throughout the state, shall be uniform and be pre- 
pared under the direction of the state commissioner of com- 
mon schools. Sample lists must be mailed, under seal, to 
the clerks of such boards of examiners not less than ten 
days before each examination. Upon receipt of the lists, 
the boards are required to have a sufficient number of copies 
of them printed for use at the examination. Only such ap- 
plicants as receive an average grade of seventy per cent. 
with no grade less than fifty per cent in any branch shall 
be passed. (R. S. Sec. 4029-1.) 

Section 7742. Upon written notice, filed by a sue- Township 
cessful applicant, with its clerk, each township board of ™™™ ence ~ 
education, must provide for holding a township commence- 
ment not later than the month of June, at some place within 
the civil township, and appoint some suitable person to 
have charge of it. (R. S. Sec. 4029-1.) 

Section 7743. At such commencement each success- Who to take 
ful applicant residing in the township school district or any part in corn- 
special or joint sub-district whose school-house is locate! mencement - 



Preparation 
of questions. 



r i 



SCHOOLS AND ATTENDANCE. 



County com- 
mencement; 
diploma. 



Compensation 
of county 
examiner 
and clerk. 



Expense of 
commence- 
ment. 



Diplomas, 
effect of, as 
to tuition. 



Third grade 
high school, 
duty of board 

to graduates. 



within the civil township of which the township district 
forms a part, shall be required to deliver an oration or dec- 
lamation, or read an essay. Thereupon such board of edu- 
cation must issue a certificate to each successful applicant, 
stating that such applicant took part in the commencement. 
(R. S. Sec. 4029-1.) 

Section 7744. The board of county school examiners 
shall provide for the holding of a county commencement not 
later than August fifteenth, at such place as it determines. 
At this commencement an annual address must be delivered, 
at the conclusion of which a diploma shall be presented to 
each successful applicant who has complied with the provi- 
sions hereof. Such diploma shall entitle its holder to enter 
any high school in the state. (R. S. Sec. 4029-1.) 

Section 7745. The compensation of county examiners 
ana clerks of boards thereof shall be the same as that fixed 
by law for the examination of teachers. Each member of 
such board of examiners, together with the clerk thereof, 
shall be allowed the minimum fee provided for holding ex- 
aminations for teachers as renumeration for his services 
incident to the county Boxwell commencement. Such com- 
pensation and the necessary expenses incident to the exami- 
nation and county commencement shall be paid out of the 
county treasury as provided by law as to examinations of 
teachers. No extra compensation shall be allowed to county 
examiners for holding the county commencement. (R. S. 
Sec. 4029-2.) 

Section 7746. The expenses incident to the township 
commencement shall be paid by the township board of edu- 
cation from the contingent fund of the township district. 
When the pupils of special districts take part in such com- 
mencements the board of education of such districts, from 
their contingent funds, shall pay to the township board of 
education their share of such expenses, such share to be 
based on the proportion of pupils, from each district, taking 
part in such commencements. (R. S. Sec 4029-2.) 

Section 7/47. The tuition of pupils holding diplomas 
and residing in township or special districts, in which no 
high school is maintained, shall be paid by the board of 
education of the school district in which they have legal 
school residence, such tuition to be computed by the month. 
An attendance any part of the month shall create a liability 
for the entire month; but a board of education maintaining 
a high school shall not charge more tuition than it charges 
for other non-resident pupils. (R. S. Sec. 4029-3.) 

Section 7748. A board of education providing a third 
grade high school as defined by law shall be required to pay 
the tuition of graduates from such school residing in the 
district at any first grade high school for two years, or at a 
second grade high school for one year and a first grade 
high school for one year. Such a board providing a second 



SCHOOLS AND ATTENDANCE. 



113 



grade high school as defined by law shall pay the tuition of 
graduates residing in the district at any first grade high 
school for one year; except that, a board maintaining a 
second or third grade high school is not required to pay such 
tuition when a levy of twelve mills permitted by law for 
such district has been reached and all the funds so raised are 
necessary for the support of the schools of such district. 
No board of education is required to pay the tuition of any 
pupil for more than four school years; except that it must 
pay the tuition of all successful applicants, who have com- 
plied with the further provisions hereof, residing more than 
four miles by the most direct route of public travel, from the 
high school provided by the board, when such applicants at- 
tend a nearer high school, or in lieu of paying such tuition 
the board of education maintaining a high school may pay 
for the transportation of the pupils living more than four 
miles from the said high school, maintained by the said 
board of education to said high school. Where more than 
one high school is maintained, by agreement of the board 
and parent or guardian, pupils may attend either and their 
transportation shall be so paid. A pupil living in a village 
or city district who has completed the elementary school 
course and whose legal residence has been transferred to a 
township or special district in this state before he begins or 
completes a high school course, shall be entitled to all the 
rights and privileges of a Boxwell-Patterson graduate.! As 
amended May 10, 1910.) 

The foregoing section being general in its application, includes all boards 
of education — city, village, township and special. Attorney General. 

Section 7749. When the elementary schools of any 
township school district in which a high school is maintained 
are centralized and transportation of pupils is provided all 
pupils resident of the township school district holding di- 
plomas shall be entitled to transportation to the high school 
of such township district, and the board of education thereof 
shall be exempt from the payment of the tuition of such 
pupils in any other high school for such a portion of four 
years as the course of study in the high school maintained 
by the board of education includes. (R. S. Sec. 4029-3.) 

Section 7750. A board of education not having a 
high school may enter into an agreement with one or more 
boards of education maintaining such school for the school- 
ing of all its high school pupils. When such agreement is 
made the board making it shall be exempt from the payment 
of tuition at other high schools of pupils living within three 
miles of the school designated in the agreement, if the school 
or schools selected by the board are located in the same 
civil township, as that of the board making it. or some ad- 
joining township. In case no such agreement is entered in- 
to, the school to be attended can be selected by the pupil 
holding a diploma, if due notice in writing is given to the 
clerk of the board of education of the name of the school 
to be attended and the date the attendance is to begin, such 
8 s. i,. 






Transporta- 
tion to high 

school. 



Agreement, 
effect of, as 
to tuition. 



114 



SCHOOLS AND ATTENDANCE. 



Tuition, 
how paid. 



What shall 
constitute a 
high school. 



Inspectors, 
appointment 
and duties of. 



Field agents, 

of. 



notice to be filed not less than five days previous to the be- 
ginning of attendance. (R. S. Sec. 4029-3.) 

Section 7751. Such tuition shall be paid from either 
the tuition or contingent funds and when the board of edu- 
cation deems it necessary it may levy a tax of not to exceed 
two mills on each dollar of taxable property in the district 
in excess of that allowed by law for school purposes. The 
proceeds of such levy shall be kept in a separate fund and 
applied only to the payment of such tuition. (R. S. Sec. 
.4029-3.) 

Section 7752. No board of education shall be entitled 
to collect tuition under this chapter unless it is maintaining 
a regularly organized high school with a course of study ex- 
tending over not less than two years and consisting mainly 
of branches higher than those in which the pupil is exam- 
ined. The standing or grade of all public high schools in 
the state shall be determined by the state commissioner of 
common schools, and his finding in reference thereto shall 
be final. (R. S. Sec. 4029-4.) 

Section 7753. To aid in the recognition and classifi- 
cation of high schools, established or seeking recognition in 
accordance with the provisions of this chapter, the state 
commissioner of common schools shall appoint two compe- 
tent inspectors. Under the orders and supervision of the 
commissioner of schools such inspectors shall make exami- 
nations of any public schools in the state, visit teachers' in- 
stitutes, confer with various school authorities and assist 
the state commissioner of common schools in such other 
ways as he may direct ; but the inspection herein authorized 
shall not be a substitute for, or take the place of, the inspec- 
tion made by the Ohio State University for university pur- 
poses. In making the first appointment one of the inspectors 
shall be named for one year and one for two years and 
thereafter the appointment shall be for two years. Such 
inspectors shall be paid an annual salary of two thousand 
dollars. (R. S. Sec. JO?9-4a.) 

Section 7754. The visitors or field agents of any insti- 
tution of higher learning, supported wholly or in part by the 
state of Ohio, shall furnish the state commissioner of com- 
mon schools with a report of all inspection of public high 
schools made by them. The reports shall be in such form 
as the commissioner may prescribe. (R. S. Sec. 4029-4^) 



Establishmi tit 

of schools for 
the education 

of the deaf. 



SCHOOLS FOR Till'. DEAF. 

Section 7755. ^ Upon application by a board of educa- 
tion of any school district in Ohio to the state commissioner 
of schools, he shall grant permission to such board, and it 
thereupon may maintain within its limits one or more day 
schools, having an average attendance of not less than three 
pupils, for the instruction of deaf persons over the age of 
three, residents of this state. (98 v. 219 § r.) 



SCHOOLS AND ATTENDANCE. 



US 



How expense 
of school de- 
frayed. 



Section 7756. A board of education, which maintains Report to 
one or more day schools for the instruction of the deaf, shall Sfssione^'of 
report to the state commissioner of schools annually, and SoX?. er 
as often as such commissioner directs, such facts concerning 
such school or schools as he requires. ( (98 v. 219 § 2.) 

Section 7757. The county auditor in each county shall 
apportion and the county treasurer pay out of the state com- 
mon school fund received by such county, to the treasurer or 
other financial officer of a board of education, maintaining a 
school or schools for the instruction of the deaf, one hun- 
dred and fifty dollars for each deaf pupil, resident of such 
county, instructed in any such school for at least nine 
months during the school year and a share of such sum pro- 
portionate to the term of instruction of any such pupil so 
instructed less than nine months during such year. If no 
school is maintained in a county, but persons residing 
therein attend such school in another county, then the 
county treasurer of the county not having such a school shall 
apportion and pay to the financial officer of the board of 
education of such other county the amount above specified 
for each pupil attending such school therein. (98 v. 219 

o O' J 

Section 7758. The sums provided in the next preced- Pa ment f 
mg section shall be paid by "such county treasurer as soon exposes. ° 
as may be after the receipt by him of the state common 
school fund in each year, upon satisfactory proof made to 
him by the president or clerk of the board of education 
maintaining such a school, of the number of pupils instructed 
therein, their residences, and the period of time such pupil 
was so instructed in such school or schools, the preceding- 
school year. (98 v. 219 § 4.) 

, Section 7759. Teachers in such schools shall be ap- , ointment 
pointed and employed as are other public school teachers anTquaTifica- 
Persons appointed to teach in such a school must have had tSSe™. 
special training for teaching, and also special training in the 
teaching of the deaf, including at least one year's experience 
as a teacher in a school for the deaf. The so-called "oral" 
system shall be taught by such teachers. If after fair trial 
of nine months, any of such children, for any reason, is un- 
able to learn such method, then no further expense shall be 
incurred in effort to teach such child in such primary 
schools. (98 v. 219 § 5.) 

Section 7760. For the purposes hereof, any person of W1 

sound mind, who, by reason of defective hearing, cannot pro- considered 

fitably be educated in the public schools, as other children, as dea£ - 
shall be considered as deaf. (98 v. 220 § 6.) 

Section 7761. The state school commissioner shall 
select ^some competent person to inspect all such day schools sEiVfSr ° 
organized, and cause, an inspection thereof to be made at dea£ ' 
least twice a year. Persons so appointed must make a writ- 



n6 



SCHOOLS AXD ATTENDANCE. 



ten report to such commissioner of the buildings in which 
such schools are held, the method of instruction and all other 
matters which may seem to be of interest and profit to the 
education of the children therein. (98 v. 220 § 7.) 



e,V.- ■ 



CHAPTER 4. 



COMPULSORY EDUCATION'. 



Section 



7762. 
7763. 
7764. 
7765. 

7766. 
7767. 
7768. 
7769. 
7770. 
7771. 
7772. 
7773. 



Branches children must be taught. 
Necessary time of attendance; excuse. 
Appeal in case of refusal to excuse. 
Employment of children under age of- 

sixteen years. 
Age and schooling certificate. 
Attendance of minors in certain cases. 
Juvenile disorderly person?. 
Truant officers. 
Powers. 
Duties. 

Report of principal and teachers 
Proceedings in case of truancy. 



Section 

7,74. Proceedings against juvenile disorderly 
persons. 

When inmate of children's home com- 
mitted to reformatory 

Costs. 

Relief to enable child to attend school. 

Deaf and dumb or blind institutions. 

Truant officers report to probate judge. 

Proceedings by probate judge 

Costs. 

Notice to board of county visitors. 

Employment of attorney; compensation. 



75. 



7777. 
7778. 

777!i. 
7780. 
7781. 
77S2. 

77^3. 



Section 7762. All parents, guardians and other per- 



Branches 



time of at* 
tendance: 



. •• r —j 6 "u,umuo anu uiiici UCI- branches 

sons who have care of children, shall instruct them or cause h hil ? rei V must 
them to be instructed in reading, spelling, writing, English 
grammar, geography and arithmetic. (R. S. Sec. 4022-1.) 

Section 7763. Every parent, guardian or other per- Necessan 
son having charge of any child between the ages of eight and time °' 
fourteen years must send such child to a public, private or Sus" 
parochial school, for the full time that the school attended 
is in session, which shall in no case be for less than twenty- 
eight weeks. Such attendance must begin within the first 
week of the school term, unless the child is excused there- 
from by the superintendent of the public schools, in city or 
other districts having such superintendent, or by the clerk of 
the board of education in village, special and township dis- 
tricts not having a superintendent, or by the principal of the 
private or parochial school upon satisfactory showing either 
that the bodily or mental condition of the child does not per- 
mit of its attendance at school, or that the child is being in- 
structed at home by a person qualified, in the opinion of 
such superintendent, or clerk as the case may be, to teach 
the branches named in the next preceding 'section (As 
amended May 10, 1910.) 

™* Parei u t i not com P 1 ymg with board of education's order to vaccinate child 
(12 I^l 33 6 ) COm ' 3ulsor y education act. State v. Turn ey, 31 O C ? C, 222, 

Section 7764. In case such superintendent, principal 
or clerk refuses to excuse a child from attendance at school 
an appeal may be taken from such decision to the probate 
judge of the county, upon the giving of a bond, within ten 
days thereafter, to the approval of such judge, to pay the 
Tif V?i L the a PP eaL Hls decision in the matter shall be final 
All children between the ages of fourteen and sixteen vears 
not engaged m some regular employment, shall attend school 
for the full term the schools of the district in which they re- 
side are m session during the school year, unless excused for 
the reasons above named. (R. S. Sec. 4022-1.) 

Section 12974. Whoever, being a parent, guardian, or other 
person having the care of a child between the age of eight and 
fourteen years, fails to place such child in a public, private or 

117 



Appeal in 
case of re- 
fusal to 
excuse. 



Failure to 
send child 
school. 



I ] 



COMPULSORY EDUCATION 



Employment 

of children 
under the ag> 
of sixteen 

years. 



Age and 
schooling cei 
tificate. 



parochial school at the commencement of the annual school term, 
in accordance with the law relating to compulsory education and 
within the time prescribed in such law, shall be fined not less than 
live dollars nor more than twenty dollars. Upon failure or refusal 
to pay such fine, said parent, guardian, or other person shall be 
imprisoned in jail not less than ten days nor more than thirty 
days. (R. S. Sec 4022-1.) 

Section 7765. No child under sixteen years of age 
shall be employed or be in the employment of any person, 
company or corporation during the school term and while 
the public schools are in session, unless such child presents 
to such person, company or corporation an age and school- 
ing certificate herein provided for as a condition of employ- 
ment, who shall keep the same on file for inspection by the 
truant officer or officers of the department of workshops 
and factories. (As amended May 10, 1910.) 

Section 7766. An age and schooling certificate shall 
he approved only by the superintendent of schools, or by a 
person authorized by him, in city or other districts having 
such superintendent, or by the clerk of the board of educa- 
tion in village, special and township districts not having such 
a superintendent, upon satisfactory proof that such child is 
over fourteen years of age, and that such child has been 
examined and passed a satisfactory fifth grade test in the 
studies enumerated in section seventy-seven hundred and 
sixty-two ; provided, that residents of other states who work 
in Ohio must qualify as aforesaid with the proper school 
authority in the school district in which the establishment 
is located, as a condition of employment or service, and 
that the employment contemplated by the child is not pro- 
hibited by any law regulating the employment of children 
under sixteen years of age. Every such age and schooling 
certificate shall be signed in the presence of the officer issu- 
ing the same, by the child in whose name it is issued. The 
age and schooling certificate must be formulated by the state 
commissioner of common schools and furnished, in blank, 
by the clerk of the board of education. Any child between 
fourteen and sixteen years of age, who shall cease to work 
for any cause whatever shall report the fact and cause at 
once to the superintendent of schools, or by a person author- 
ized by him, in city or other districts having such superin- 
tendent, or to the clerk of the board of education in village, 
township or special districts not having such superintendent; 
said child shall be required to return to school within two 
weeks, provided ether employment is not secured within 
such lime ; provided, that should a child in the opinion of the 
superintendent or person authorized by him in cities and dis- 
tricts having such superintendent or the clerk of the board 
of education in village, township, or special districts lose his 
employment by reason of persistent, wilful misconduct or 
continuous inconstancy, he may be placed in school until 
the close of the current school year. The superintendent 
of schools, or the person authorized by him to issue age and 
schooling certificates, shall not issue such certificate until he 



COMPULSORY EDUCATION. U9 

has received, examined and approved and filed the following 
papers duly executed: (i) The written pledge or promise 
of the person, partnership or corporation to legally employ 
the child, also the written agreement to return to the superin- 
tendent of schools or to the person authorized by the 
superintendent of schools to issue such certificate, the age 
and schooling certificate of the child, within two days from 
date of the child's withdrawal or dismissal from the service 
of the person, partnership or corporation, giving the reason 
for such withdrawal or dismissal; (2) The school record of 
such child properly filled out and signed by the principal or 
other person in charge of the school which such child last 
attended, giving the name, age, address, standing in studies 
enumerated in Section seven thousand seven hundred and 
sixty-two and number of weeks attendance in school during 
the year previous to applying for such school record, and 
general conduct; (3) A passport or duly attested transcript 
of the certificate of birth or baptism or other religious rec- 
ord, showing the date and place of birth of such child ; a 
duly attested transcript of the birth certificate filed according 
to law r with a registrar of vital statistics, or other officer 
charged with the duty of recording births, shall be conclusive 
evidence of the age of the child ; or the affidavit of the 
parent or guardian or custodian of the child applying for 
an age and schooling certificate showing the place and date 
of birth of such child, which affidavit must be taken before 
the officer issuing the age and schooling certificate, who is 
hereby authorized and required to administer such oath, and 
who shall not receive or demand a fee therefor; (4) When 
a reasonable doubt exists in the mind of the superintendent 
or the person authorized by him that the child has not 
reached the normal development of a child of its age and is 
not in sound health and physically able to perform the work 
which it intends to do, he shall require of the parent or guar- 
dian a certificate from the board of health showing that .the 
child is able to perform the work he is to be employed at. 
(As amended May 10, 1910.) 

Section 7767. All minors over the age of fourteen and Attendance of 
under the age of sixteen vears, who have not passed a satis- minors in cer- 

t3.1ll C3.SCS 

factory fifth grade test in the studies enumerated in Section 
seventy-seven hundred and sixty-two, shall attend school as 
provided in Section seventy-seven hundred and sixty-three, 
and all the provisions thereof shall apply to such minors. 

Tn case the board of education of any school district 
establishes part time day schools for the instruction of youth 
over fourteen years of age who are engaged in regular em- 
ployment, such board of education is authorized to require 
all youth who have not satisfactorily completed the eighth 
grade of the elementary schools, to continue their schooling 
until they are sixteen vears of age ; provided, however, that 
such youth if they have been granted age and schooling cer- 
tificates and are regularly employed, shall be required to at- 
tend school not to exceed eight hours a week between the 
hours of 8 A. M. and 5 P. M. during the school term. All 



120 COMPULSORY EDUCATION. 

youth between fourteen and sixteen years of age, who are 
not employed, shall be required to attend school the full time. 
(As amended May 10, 1910.) 

juvenile dis- Section 7768. Every child between the ages of eight 

orderly per- anc j f ourteen y ears , anc j every child between the ages of 
fourteen and sixteen years not engaged in some regular em- 
ployment, who is an habitual truant from school, or who 
absents itself habitually from school, or who, while in at- 
tendance at any public, private or parochial school, is in- 
corrigible, vicious or immoral in conduct, or who habitually 
wanders about the streets and public places during school 
hours having no business or lawful occupation, or violates 
any of the provisions of this act, >shall be deemed a delin- 
quent child, and shall be subject to the provisions of law 
relating to delinquent children. (As amended May 10, 
1910.) 

Many different meanings are likely to be attached to the phrases "regu- 
lar employment," "habitual truant." "lawful occupation," etc., and in the ab- 
sence of any decision of the court defining these expressions, it is very diffi- 
cult, in fact scarcely possible, to draw an exact line of definition. Boards of 
education should adopt rules governing such matters. Such rules should 
inform the public as to the interpretation placed upon these expressions by 
the board, and if reasonable, would almost certainly be sustained by the 
courts. 

Tlvfmt Section 7769. To aid in the enforcement hereof, tru- 

cfficers. ant officers shall be appointed as follows : In city districts 

the board of education must appoint and employ a truant 
officer, and may employ such assistants to such truant officer 
as may be deemed advisable; in special, village and town- 
ship districts the board of education shall appoint a con- 
stable or other person as truant officer. The compensation 
of the truant officer and assistants shall be fixed and paid 
by the board appointing them. (As amended May 10, 
1910.) 

?.)we.s. Section 7770. The truant officer and assistants shall 

be vested with police powers, the authority to serve war- 
rants, and have authority to enter workshops, factories, 
stores and all other places where children are employed, 
and do whatever may be necessary, in the way of investiga- 
tion or otherwise, to enforce this act. He also may take 
into custody any youth between eight and fourteen years of 
age, or between fourteen and sixteen years of age when 
not regularly employed who is not attending school, and shall 
conduct such youth to the school he has been attending, or 
which he rightfully should attend. (As amended May 10. 
1910.) 

Duties. Section 7771. The truant officer shall institute pro- 

ceedings against any officer, parent, guardian, person, part- 
nership or corporation violating any provisions of this chap- 
ter, and otherwise discharge the duties described therein, and 
perform such other services as the superintendent of schools 
or the board of education may deem necessary to preserve 
the moral- and secure the good conduct of school children, 
and to enforce the provisions of this chapter. The truant 



COMPULSORY EDUCATION. pi 



officer shall keep on file the name, address and record of all 
children between the ages of fourteen and sixteen to whom 
age and schooling certificates have been granted who desire 
employment, and manufacturers, employers or other person- 
requiring help of legal age shall have access to such files. 
The truant officer shall co-operate with the department of 
workshops and factories in enforcing the conditions and re- 
quirements of the child labor laws of Ohio, furnishing upon 
request such data as he has collected in his reports of chil- 
dren from eight to sixteen years of age and also concerning 
employers, to the department' of workshops and factories 
and to the state commissioner of schools. He must keep a 
record of his transactions for the inspection and informa- 
tion of the superintendent of schools and the board of edu- 
cation , and make daily reports to the superintendent during 
the school term in districts having them, and to the clerk»of 
the board of education in districts not having superintend- 
ents as often as required by him. Suitable blanks for the 
use of the truant officer shall be provided by the clerk of the 
board of^education. (As amended May 10, 1910.) 

^,- c S hief ai V l dist / ict inspectors of workshops have authority of truant offi- 
cers, etc., under act as to employment of minors; see Sec 6<>46 
rMjHp , her - e a Pupil is attending school in a district in which' he does not 
ne attends 1S " J"adiction of the school officers of the district where 



Report of 



Section 7772. Principals and teachers of all school-; 
public, private and parochial, shall report to the clerk of the ShS* 1 and 
board oi education of the city, special, village or township 
district m which the schools are situated, the names, ages 
and residence of all pupils in attendance at their schools 
together with such other facts as said clerk may require in 
order to facilitate the carrying out of the provisions of this 
chapter. The clerk shall furnish blanks for such purpose 
and such report shall be made during the last week of each 
month from September to June inclusive of each year. Such 
principals and teachers also must report to the truant officer 
the superintendent of public schools, or the clerk of the 
board of education, all cases of truancy or incorrigibility in 
their respective schools as soon after these offenses have 
been committed as practicable. It shall further be within 
the power of all principals or teachers in charge of schools. 
wherever a child in school reaches his or her twelfth year 
and has not completed the fourth grade work in the studies 
enumerated in Section seventy-seven hundred sixty-two, to 
relieve such child from pursuing the regular course pre- 
scibed and cause such child to give his entire time to read- 
ing, writing, spelling, geography, arithmetic and the use of 
the English language with as much manual training as op- 
portunity and funds will permit. (As amended May 10 
1910.) 

. Boards of education should have blank forms printed to comply with the 
provisions of this section of the law. PJ 

Section 7773. On the request of the superintendent _, 
of schools or the board of education or when it otherwise in™* T 
comes to his notice, the truant officer shall examine into truanc y- 



122 COMPULSORY EDUCATION. 

any case of truancy within' his district, and warn the tru- 
ant and his parents, guardian or other person in charge, in 
writing, of the final consequences of truancy if persisted in. 
When any child between the ages of eight and fourteen 
years, or between the ages of fourteen and sixteen years, in 
violation of the provisions of this chapter is not regularly 
employed, is not attending school, the truant officer shall 
notify the parent, guardian or other person in charge of 
such child, of the fact, and require such parent, guardian or 
other person in charge, to cause the child to attend some 
recognized school within two days from the date of the 
notice; and it shall be the duty of the parent, guardian or 
other person in charge of the child so to cause its attend- 
ance at some recognized school. Upon failure to do so, the 
truant officer shall make complaint against the parent, guar- 
dian or other person in charge of the child, in any court of 
mpetent jurisdiction in the city, special, village or town- 
ship district in which the offense occurred for such failure. 
(As amended May 10, I£)io.) 

Section 12975. Whoever employs a minor under sixteen years 
of age before exacting from such minor the age and schooling 
<- rtificate provided by law, or fails to keep such certificate on 
hie, .or who fails to return to the superintendent of schools or 
the person authorized by him such certificate within two clays 
from such minor's withdrawal or dismissal from his services as 
provided in Section seventy-seven hundred and sixty or to permit 
a truant officer, upon request therefor, to examine such certificate, 
- hall be lined not less than twenty-five dollars nor more than 
fifty dollars. (As amended May 10, 1910.) 

Section 12977. Whoever, being the parent or guardian or 
other person in charge of a minor between eight and fourteen 
years of age, or a minor between fourteen and sixteen years of 
age who has not passed a satisfactory fifth grade t.st in the 
.studies enumerated in Section seventy-seven hundred and sixty- 
two, or is not regularly employed, upon notice fro.ri a truant of- 
ficer as provided by law, fails to cause such minor to attend a 
public, private, or parochial school, unless such person proves his 
inability so to do, shall be fined not less than five dollars nor more 
than twenty dollars, or the court may in its discretion, require the 
person so convicted to give a bond in the sum of one hundred 
dollars, with sureties to the approval of the court, conditioned 
ili it he or she will cause the child under his or her charge to 
attend some recognized school within two days thereafter and to 
remain at such school during the term prescribed by law ; and 
rpon the failure or refusal of any such parent, guardian or other 
person to pay said fine and costs or furnish said bond according 
to the order of the court, then said parent, guardian or other 
person shall be imprisoned in the county jail not less than ten 
days nor more than thirty days. (As amended May 10, 1910.) 

Proceedings Section 7774. If the parent, guardian or other person 

fie ai Ssord U eriy m cnar g e of an Y child, upon complaint for a failure to cause 
persons. the child to attend a recognized school, proves inability to 

do so, then he or she must be discharged and thereupon the 
truant officer shall make complaint that the child is a juve- 
nile disorderly person within the meaning of section seventy- 
seven hundred and sixty-eight. If such complaint he made 
before a mayor, justice of the peace, or police judge, it must 
he certified by such magistrate to the probate judge. The 



When inmate 
of children's 
home com- 
mitted to 
reformatory. 



Costs. 



COMPULSORY EDUCATION. 

probate judge shall hear the complaint, and if he determines 
that the child is a juvenile disorderly person within the 
meaning of such section, and if under ten years of age, and 
ehgib e for admission thereto, he shall commit the child to 
a children s home, or if not eligible, then to a house of 
re luge if there be one in the county or to the boys' indus- 
trial school or the girls' industrial home, or to some other 
juvenile reformatory. (R. S. Sec. 4022-8.) 

Section 7775. No child over ten years of age shall be 
committed to a county children's home. Any child com- 
mitted to such a home, on request of the trustees thereof 
and it being shown that it is vicious and incorrigible may 
be transferred by the probate judge to the boys' industrial 
school or the girls industrial home. A child committed to 
any juvenile reformatory- under the next preceding section 
shall not be detained there beyond the age of sixteen 
years and may be discharged sooner by the trustees under 
the restrictions applicable to other inmates. An order of 
commitment to a juvenile reformatory may be suspended 
in the discretion of the probate judge, and for such time as 
the child regularly attends school and properly conducts 
itselt. (K. b. Sec. 4022-8.) 

m Section jyy6. The expense incurred in the transpor- 
tation ol a child to a juvenile reformatory and the costs in 
the case in which the order of commitment is made, or the 
child discharged, or in which judgment is suspended, shall 
be paid by the county where the offense was committed 
alter the manner provided in case of commitment to a boys' 
industrial school. But if for any cause the parent, guar- 
dian or other person in charge of a juvenile disorderly per- 
son as defined in section seventy-seven hundred and sixty- 
eight fails to cause such person to attend school, then com- 
plaint against such person shall be made, heard and de- 
termined in like manner as provided in case the parent 
proves inability to cause such person to attend school. (R 
S. Sec. 4022-8.) 

Section yyyy. When a truant officer is satisfied that Relie£ t0 
a child, compelled to attend school by the provisions of this enable child 
chapter, is unable to do so because absolutely required to school.^ 
work at home or elsewhere iirorder to support itself or help 
to support or care for others legally entitled to its services 
who are unable to support or care for themselves, such -of- 
ficer must report the case to the president of the board of 
education. Thereupon he shall furnish text books free of 
charge, and such other relief as may be necessary to enable 
the child to attend school for the time each year required by 
law. The expenses incident to furnishing books and relief 
must be paid from the contingent funds of the school dis- 
trict. Such child shall not be considered or declared a 
pauper by reason of the acceptance of the relief herein pro- 
vided for. If the child, or its parents or guardian, refuses 



123 



COMPULSORY EDUCATION. 



Proceedings 
by probate 

judge. 



or neglects to take advantage of the provisions thus made 
for its instruction, it may be committed to a children's home 
or o juvenile reformatory, as provided for in the next three 
I receding sections. (R. S. Sec. 4022-9.) 

i:>eaf and Section 7778. The provisions of this chapter shall 

insStutloiS md a PPty t0 children entitled under existing statutes, to attend 
school at the institution for the deaf and dumb or the in- 
stitution for the blind, so far as they are properly enforc- 
ible. (R. S. Sec. 4022-10.) 

Truant offi- Section 7779. Annually between the first day of July 

probate P judge. anf t tne m " st " c ^ a Y °f August, truant officers must report to 
the probate judge of their respective counties the names, 
ages and residences of all such- children between the ages 
of. eight and eighteen years, with the names and postoffice 
address of their parents, guardians or the persons in charge 
of them ; also a statement whether the parents, guardians 
or persons in charge of each child is able to educate and is 
educating the child, or whether the interests of the child 
will be promoted by sending it to one of the state institutions 
mentioned. (R. S. Sec. 4022-10.) 

Section 7780. Upon information thus or otherwise 
obtained, the probate judge may fix "a time when he will hear 
the question whether any such child shall be required to be 
sent for instruction to one of the state institutions men- 
tioned, and thereupon issue a warrant to the proper truant 
officer or some other suitable person, to bring the child be- 
fore him, at his office at the time fixed for the hearing. He 
also shall issue an order on the parents, guardian or person 
in charge of the child to appear before him at such hearing, 
a copy of which order, in writing, must be served person- 
ally on the proper person by the truant officer or other per- 
son ordered to bring the child before the judge. If, on the 
hearing, the probate judge is satisfied that the child is not 
being properly educated at home, and will be benefited by 
attendance at one of the state institutions mentioned, and 
is a suitable person to receive instruction therein, he may 
send or commit such child thereto. (R. S. Sec. 4022-10.) 

Section 7781. The costs of such hearing, and the 
transportation of the child to such institution shall be paid 
by the county after the manner provided, when a child is 
committed to a state reformatory. Nothing in the next two 
preceding sections shall require the trustees of either of the 
state institutions mentioned, to receive any child not a suit- 
able subject to be received and instructed therein, under the 
laws, rules and regulations governing such institutions. (R. 
S. Sec. 4022-10.) 

Section yy^2. Tn every case of complaint against a 
child involving commitment to a children's home or juve- 
nile reformatory, the board of county visitors shall be noti- 
fied and must attend and protect the interest of the child 
on the hearing, as provided by law in regard to the commit- 



Costs. 



Notice to 
board of 
county 
visitors. 



COMPULSORY EDUCATION, 



125 



merit to an industrial or reform school. The order of com- 
mitment of the child to a state reformatory must show that 
the county visitors were so notified and attended the hear- 
ing. (R. S. Sec. 4022-11.) 

Section 7783. Boards of education are authorized to 
employ legal counsel to prosecute any case arising under the 
provisions of this chapter when it deems that necessary. 
The services of such counsel shall be paid for from the con- 
tingent fund of the district. (R. S. Sec. 4022-11.) 

Section 12981. Whoever, being an officer, principal, teacher, 
■or other person, neglects to perform a duty imposed upon him by 
the laws relating to compulsory education or employment of 
minors, for which a specific penalty is not provided by law, shall 
be fined not less than twenty-five dollars nor more than fifty dol- 
lars for each offense. (R. S. Sec. 4022-11.) 

Section 12982. Whoever, being an officer or agent of a cor- 
poration, violates any provision of law relating to the compulsory 
education or employment of minors, or participates or acquiesces 
in, or is cognizant of such violation, where a specific penalty is 
not otherwise provided by law, shall be fined not less than twenty- 
five dollars nor more than fifty dollars. (R. S. Sec. 4022-11.) 

Section 12983. Whoever violates any provision of law re- 
lating to the compulsory education or employment of minors, for 
which a specific penalty is not provided by law, shall be fined not 
more than fifty dollars. (R. S. Sec. 4022-11.) 

Section 12984. Mayors, justices of the peace, police judges 
and probate judges shall have final jurisdiction to try the offenses 
prescribed in the next ten preceding sections. When complaint is 
made, information filed, or indictment found against a corporation 
for violating any provision of such sections, summons shall be 
served, appearance made, or plea entered as provided by law in 
cases where an indictment is presented against a corporation, ex- 
cept in complaints before magistrates, when service may be made 
rjy the constable. In other cases process shall be served and pro- 
ceedings had as in cases of misdemeanor. (R. S. Sec. 4022-11.) 

Section 12985. Fines collected under the provisions of the 
next eleven preceding sections shall be paid into the funds of the 
school district in which the offense was committed. (R. S. Sec. 
4022- 11.) 

Section 12986. Whoever, having been convicted of a vio- 
lation of any provision of law relating to the compulsory educa- 
tion or employment of minors, again violates a provision of such 
laws, shall be imprisoned not less than ten days nor more than 
thirty days. (R. S. Sec. 4022-12.) 

Section 12987. On_ complaint before a mayor, justice of the 
peace or police judge of a second or further violation of the laws 
relating to the compulsor/ education or employment of minors, if 
a trial by jury is not waived, a jury shall be chosen and proceed- 
ings had therein as provided by law in cases of a violation of the 
law for the prevention of cruelty to animals and children. (R. S. 
Sec. 4022-12.) 

Section 12988. No person or officer instituting proceedings 
under the next fourteen preceding sections shall be required to 
file or give security for costs. If a defendant is acquitted or dis- 
charged, or if convicted and committed to jail in default of pay- 
ment of fine and costs, the justice, mayor, police judge or probate 
judge before whom such case was brought shall certify such costs 
to the county auditor, who shall examine the amount and, if neces- 
sary, correct it and issue his warrant to the county treasurer in 
favor of the respective persons to whom such costs are due for the 
amount due to each. (R. S. Sec. 4022-14.) 



Employment 
of attorney; 
compensation. 



Violating com- 
pulsory educa- 
tion laws. 



Same. 



Same. 



Jurisdiction 
of mavors 
et. al. 



Fines. 



Second viola- 
tion of com- 
pulsory educa- 
tion or em- 
ployment 
laws. 



Jury in 
such case. 



Costs in 
et rl 1 in 
prosei 



CHAPTER 5. 

REPORTS. 



Section 

7784. Reports by superintendents and teachers. 

7785. Special reports by superintendents and 

teachers. 

7786. When orders of clerk for teachers' pay 

illegal. 

7787. Annual report of board of education; its 

contents. 

7788. In what form to be made, etc. 



Section 

7789. Duty of county auditor as to scln 
tistics, etc. 
Penalty for failure to make reports. 
\\ in n auditor to appoint person to mike 

reports. 
Further penalties against auditor. 
Compensation of auditor. 



"701. 



7702 
7793 



Reports by 
superintend- 
ents and 
teachers. 



Special reports 
by superin- 
tendents and 
teachers. 



When orders 
of clerk for 
teachers' pay 
illegal. 



Section 7784. Boards of education shall require all 
teachers and superintendents to keep the school records in 
such manner that they may be enabled to report annually 
to the county auditor and state commissioner of common 
schools,, as required by the provisions of this title and shall 
withhold the pay of such teachers and superintendents as 
fail to file the reports required of them. . The records of 
each school, in addition to all other requirements shall be 
so kept as to exhibit the names of all pupils enrolled therein, 
the studies pursued ; also, indicate the character of the work 
done, the standing of each pupil, and must be as near uni- 
form throughout the state as is practicable. (R. S Sec 
4059- ) 

Section 7785. Such boards may require superintend- 
ents and teachers to report matters the boards deem impor- 
tant or necessary for information in regard to the manage- 
ment and conduct of the schools and to make such sug- 
gestions and recommendations as they deem advisable rela- 
tive to methods of instruction, schoof management, or other 
matters of educational interest. The board of education of 
each city district shall prepare and publish annually a report 
of the condition and administration of the schools under its 
charge, and include therein a complete exhibit of the finan- 
cial affairs of the district (R. S. Sec. 4059.) 

Section 77 S6. No clerk of a board shall draw an 
order on the treasurer for the payment of a teacher for 
services until the teacher files with him such reports as arc 
required by the state commissioner of common schools and 

oard of education, a legal certificate of qualification, or 
a true copy thereof, covering the entire time of the service, 
and a statement of the branches taught. Rut orders may 
he drawn for the payment of special teachers of drawing, 
painting, penmanship, music, gymnastics, or a foreign lan- 
guage, on presentation of a certificate to the clerk, signed 
by a majority of the examiners, and the filing with him of 
a true copy thereof, covering the time for which the special 
teacher has been employed and the specialty taught (R 
S. Sec. 4051.) 

An order drawn by the clerk of the board of education, under the statute 
in ravor oi a third person or bearer, on the township treasurer, is not nego 

126 



REPORTS. 



127 



tiable, and a purchaser takes such order subject to the same defenses that 
could be made against it in the hands of the payee. 22 O. S., 144. 

The written acceptance of such order by the predecessor of the town- 
ship treasurer, to whom it was presented for payment, imposes no. greater 
obligation on the latter to pay the same, than he would have been under 
had it been presented without such acceptance. Id. 

Not only the teacher, but each member of the board of education, is 
severally liable for the repayment of money paid under their vote and order, 
to a teacher who does not hold a certificate as required by law. The same rule 
applies to all payments made to teachers before reports required by law, by 
the State Commissioner of Common Schools, and by the board of education, 
have been made. 

An assistant teacher who has not a legal certificate cannot be paid 
through an order drawn in favor of another teacher who had a certificate, 
nor can any uncertificated teacher, who is employed as a substitute, receive 
pay through another teacher. 

The term "entire term of service," as used in this section, refers to the 
time of service covered by the order to be drawn, not to the entire time ot 
employment. 

Section 7787. The board of education of each district 
shall make a report to the county auditor, on or before the 
first day of September in each year, containing a statement 
of the receipts and expenditures of the board, the number 
of schools sustained, the length of time they were sustained, 
the enrollment of pupils, the average monthly enrollment, 
and average daily attendance, the number of teachers em- 
ployed, and their salaries, the number of school-houses and 
school rooms, and such other items as the commissioner of 
common schools requires. (R. S. Sec. 4057.) 

Section 778S. Such report must be made on blank.; 
which shall be furnished by the commissioner of common 
schools to the auditor of each county, and by the auditor to 
each school clerk in his county. Each board of education, 
or officer or employe thereof, or other school officer in any 
district or county, when the commissioner so requires, shall 
report to him direct, upon such blanks as he furnishes any 
statements or items of information that he deems important 
or necessary. (R. S. Sec. 4058.) 

Section 7789. On or before the twentieth day of Sep- 
tember, annually, the auditor of each county shall prepare, 
and transmit to the commissioner of common schools, an 
abstract of all the returns of school statistics made to him 
from the several districts in his county, according to the 
form prescribed by the commissioner, a statement of the 
condition of the institute fund, and such other facts relat- 
ing to schools and school funds as the commissioner re- 
quires. He also shall cause to be distributed all such cir- 
culars blanks, and other papers, including school laws and 
documents, in the several school districts in the county, as 
the commissioner may lawfully require. (R. S. Sec. 4060.) 

Sectton 7790. If the auditor neglects to prepare and 
return any of the abstracts or reports herein required, the 
county commissioners shall withhold from him all com- 
pensation for his services under this title, and he shall also 
be liable on his bond for any such neglect, in a sum not less 
than three hundred nor more than one thousand dollars, on 
complaint of the commissioner of common, schools, and if 
the clerk of the board of education of any district fails to 
make the annual returns of school statistics required by this 



Annual report 

of board of 
education; 
its contents. 



In what form 
to be made, 
etc. 



Duly of 
county au- 
ditor as to 
school sta- 
tistics, etc. 



for 
failure to 

make reports. 



128 



REPORTS. 



When auditor 
to appoint 
person to 
make reports. 



Further pen- 
alties against 
auditor. 



Compensation 
of auditor. 



title, to the county auditor, he shall be liable on his bond, 
in a sum not less than fifty nor more than three hundred 
dollars, on complaint of the county auditor, or of the board 
of education, to be recovered in a civil action in the name 
of the state, and when collected to be paid into the county 
treasury, and applied to the use of common schools in such 
district. (R. S. Sec. 4061.) 

Section 7791. Upon the neglect or failure of the clerk 
of the board of education of any district to make the re- 
ports required in this title, and by the time specified, the 
county auditor must appoint some suitable person, resident 
of the district, to make such reports who shall receive the 
compensation therefor, allowed by law for like services. 
(R. S. Sec. 4062.) 

Section 7792. A county auditor who willfully or 
negligently fails, in any year, to transmit to the commis- 
sioner of common schools the abstract of enumeration by 
law required of him, or to perform any other duty required 
of him in this title, shall be liable on his bond to the extent 
of twice the sum lost to the school districts of his county 
in consequence of such failure. Such sum shall be re- 
covered in a civil action against him, on his bond, in the 
name of the state. The money so recovered must he paid 
into the county treasury, for the benefit of such districts, 
and apportioned as the school funds so lost would l>ave been 
apportioned. (R. S. Sec. 4063.) 

Section 7793. The commissioners of each county, 
annually shall allow the county auditor a reasonable com- 
pensation for his services under this title, not to exceed five 
dollars for each city, village, special, and township school 
district in his county, to be paid out of the county treasury. 
But before such allowance shall be made for any year the 
auditor must present to the commissioners a statement, of- 
ficially certified and signed by the commissioner of common 
schools, that he has transmitted to him all reports and re- 
turns of statistics for that year required by this title. (R. 
S. Sec. 4064.) 



CHAPTER 6. 

ENUMERATION. 



Section 



7794. 
7795. 
7796. 
7797. 
7798. 

7799. 

7800. 



Annual enumeration. 

Additional facts to be ascertained. 

How enumeration taken. 

Report to be kept; compensation. 

When district situated in two or more 

counties. 
Clerk to transmit abstract of enumera- 
■nr, tl0n to count y auditor. 
When the clerk fails, auditor to act. 



Section 

7801. When county line divides original sur- 

veyed township. 

7802. When enumeration not taken, district not 
-o o a entltled to school funds 

7803. Auditor to furnish abstract to state 

commissioner. 

7804. Duty of state commissioner when enu- 

meration excessive. 



Section 7794. An enumeration of all unmarried 
youth noting sex, between six and twenty-one years of a^e 
resident within the district, and not temporarily there shall 
be taken in each district, annually, during- the two Weeks 
ending on the fourth Saturday of May, designating also the 
number between six and eight years of age, the number be- 
tween eight and fourteen years of age, the number between 
tourteen and sixteen years of age, the number between six- 
teen and twenty-one years of age, the number residing in 
UnfcK? ^. e f rve ^t he . Virginia Military district, the 
United States Military district, and in any original surveyed 
township or fractional township to which belongs section 
sixteen, or other land in lieu thereof, or any other lands for 
the use of public schools, or any interest in the nroceeds of 
such lands. (R. S. Sec. 4030.) 

Enumeration in children's homes; see Sec. 30S8 

Section 7795. When taking such enumeration the 
person appointed to take it, shall make every effort to ascer- 
tain the number of imbeciles or feeble-minded children be- 

SSrirt H g uf , SiX and twent y-°"e, resident within the 
district He shall keep an accurate list of the names, sex 
age and place of residence of all such children, and make it 

TW, °i 1 r , e , P ,° rt t0 t I le derk of the board of education. 
J. here a so shal be so taken an accurate enumeration of all 
physically disabled, blind, deaf or mute children, notin? sex 

^TdiSriT Tv t o We " t >'- 0ne ^ a rs ° f ***> resident within 
me district. (K. b. bee. 4030.) 

Section 7796 On or before the second Saturday in 
May, the board of education of each school district shall 
appoint one or more persons to take the enumeration pro- 
vided for in the next two preceding sections. Each person 
appointed shall take an oath or affirmation to take the 
enumeration accurately and truly to the best of his skill and 
ability. When making return thereof to the clerk of the 
board of education, he shall accompany it with a list of the 
names of all the youth enumerated, noting the age of each 

9 s. l. m 



Annual 
enumeration. 



Additional 
facts to be 
ascertained. 



How enumera- 
tion taken. 



130 ENUMERATION. 

with his affidavit duly certified that he has taken and re- 
turned the enumeration accurately and truly to the best of 
his knowledge and belief, and that such list contains the 
names of all such youth so enumerated and none others. 
The clerk of the board of education or any officer authorized 
to administer oaths, may administer such oath or affirma- 
tion, and take and certify such affidavit. (R. S. Sec. 4031.) 

Report to Section 7797. The clerk shall keep such report and 

competition tne nst °f names m ms office for five years. Each person 

so taking and returning the enumeration shall be allowed 

by the proper board of education reasonable compensation 

for his service. (R. S. Sec. 4031.) 

when district Section 7798. When a school district including terri- 

situated in torv attached for school purposes, is situated in two or more 

two or more - . 1 

counties. counties, persons taking such enumeration must report the 

number of youth as provided in sections seventy-seven hun- 
dred and ninety-four, and seventy-seven hundred and ninety- 
five, residing in each county. The clerk of the board shall 
make returns to the auditors of the respective counties in 
which such youth reside as provided in the next following 
section. (R. S. Sec. 4032.) 

cierk to trans- Section 7799. Annually, on or before the first Satur- 

e^umeStfon ?o da y m J ul ^' the cl . erk of each board sha11 niake and transmit 
county auditor, to the county auditor, an abstract of the enumeration by this 
chapter required to be returned by him, according to the 
form prescribed by the commissioner of common schools, 
with an oath or affirmation endorsed thereon that it is a cor- 
rect abstract of the returns made to him under oath or af- 
firmation. The oath or affirmation of the clerk may be ad- 
ministered and certified by any member of the board of 
education, or by the county auditor. (R. S. Sec. 4035.) 

when the Section 7800. If the clerk of any district fails to 

au e d r itor a to S ' act. transmit such abstract of enumeration on or before the first 
Saturday in July, the auditor at once shall demand it from 
him. Tn case the enumeration has not been taken as re- 
quired by this chapter, or the abstract required be not fur- 
nished without delay, the auditor shall employ competent 
persons to take it. who shall be subject to the legal require- 
ments already specified, except that the return must be made 
directly to the auditor, who may administer to each person 
employed the oath or affirmation required. He shall allow 
the person employed by him, a reasonable compensation, to 
be paid out of the general county fund, and then proceed 
to recover the amount so paid in civil action before any 
court of competent jurisdiction, in the name of the state, 
against such clerk on his bond. The amount so collected 
shall be paid into the school funds of the district. (R. S. 
Sec. 4036.) 

The returns should now be made on or before the first Saturday in 
June, as the time of taking the enumeration was changed from July to 'May 
without changing the time fixed for making returns. 



ENUMERATION. 

Section 7801. If parts of an original surveyed town- 
ship or fractional township are situated in two counties the 
auditor of the county in which the smallest part is situated 
so soon as the abstracts of enumeration are received by him 
from the clerks of the boards of education, shall certify to 
the auditor of the county in which the largest part is situ- 
ated the enumeration of youth residing in the part of the 
township situated in his county. If parts of such township 
or fractional township are situated in more than two coun- 
ties, like certificates of enumeration must be transmitted to 
the auditor of the county containing the greatest relative 
portion of such township, by the auditors of the other coun- 
ties containing portions thereof. When it is uncertain which 
county contains the greatest relative portion of such town- 
ship, such certificates shall be transmitted to the auditor of 
the oldest county, by the other auditor or auditors. If the 
and granted by congress to such township or fractional 
township for the support of public schools has been sold the 
auditor to whom such certificates are transmitted must 
notify the auditor of state, without delay, that such enumer- 
ation has been certified. (R. S. Sec 4037 ) 

Section 7802. If an enumeration of the youth of a 

dltriCir w t0 reCeiv \ an y P art ^ the school funds 

distributable in that year on the basis of enumeration If 
such loss to a district occurs through the failure of the clerk 
of the board of education of a district to perform the duty 
required of him under section seventy-seven hundred and 
ninety-nine he shall be liable to the district for the loss 
which may be recovered in an action in the name of the 
state. The money so recovered shall be paid into the county 
treasury, and apportioned as the school funds so lost would 
have been apportioned. (R. S. Sec. 4038.) 

Section 7803. On or before, the third Saturday in 
July m each year, the auditor of each county shall make 
and transmit to the state commissioner of common ch^ols 
on blanks to be furnished by the commissioners, an abstract 
of the enumeration returns made to him duly certified f R 
S. Sec. 4039.) - V1X - 

Section 7804. When, on examination of the enumer 
ation returns of any district, the state commissioner of con - 
mon schools isof opinion that the enumeration is excessTe 
m number or in any other way incorrect, he may S 
to be re-taken and returned. If he thinks it necessa v for 
this purpose he may appoint persons to perform the service 
who shall take the oath, perform the duties, and receTve the 
same compensation, out of the same funds, as the person or 
persons who took the enumeration in the first instance The 

be tiJZt d i Stnbutab i e { » Proportion to enumeration shall 
be distributed upon the corrected returns (R S See 
4040.) ' v °- ^ ec - 



131 



When county 
line divides 
original sur- 
veyed town- 
ship. 



When enume- 
ration not 
taken, district 
not entitled 
to school 
funds. 



Auditor to 
furnish ab- 
stract to state 

commissioner. 



Duty of state 
commissioner 
when enume- 
ration exces- 
sive. 



32 



of school 
children. 



ENUMERATION. 



Sectiox 12929 Whoever, being an officer having supervision 
meration 11 " over the annual enumeration of unmarried youths between six and 
twenty-one years of age, taken in conformity to law, increases or 
diminishes the number enumerated, shall be fined not less than 
five dollars nor more than one thousand dollars or imprisoned in 
the countv jail not less than ten days nor more than thirty days. 
(R. S. Sec." 4041.) 



CHAPTER 7. 



EXAMINERS. 



STATE BOARD OF EXAMINERS. 

Section 

7805. State board; their appointment. 

7806. Terms and vacancies. 

7807. Power to issue certificates; record 

thereof. 

7808. Effect thereof; may be revoked for 

cause. 

7809. Examination fees. 

7810. Compensation of examiners. 

COUNTY BOARD OF EXAMINERS. 

7811. County boards. 

7812. Who ineligible. 

7813. Term. 

7814. Vacancies. 

7815. Organization of board; duties of of- 

ficers. 

7816. Rules and regulations. 

7817. Metings for examinations; notice. 

7818. Majority's power; examination fees. 

7819. Uniform system of examination. 

7820. Disposition of fees. 

7821. Teachers' certificates. 

7822. Provisional certificates, defined. 

7823. Professional certificates, defined. 

7824. Effect of certificates of other counties. 

7825. Regulations, as to issue of certificates 

without examination. 

7826. Temporary certificate. 

7827. Minimum age limit. 

7828. Fees for examiners conducting investi- 

gation. 

7829. What kind of certificates shall be issued. 

7830. Certificate of prerequisite to employment 

of teacher. 

7831. Certificate of high school teacher and 

superintendent. 



Section 

7832. Certificate of special teacher. 
7S33. Recognition or renewal of certificates. 
( ompensation of board. 

7835. Expenses of board. 

7836. Annual report of clerk; his bond. 

7837. Compensation of clerk. 

CITY BOARD OF EXAMINERS. 

7S38. City board of school examiners, appoint- 
ment, term. 
Removals and vacancies. 

7540. Standard of qualification for teachers. 

7541. Special examiners. 

7842. Organization of board; duties of officers; 

clerk's bond. 

7843. Meetings for examination; notice. 

7844. Certificates. 

7845. Renewal of certificate. 

7846. Professional certificates. 

7847. Validity of professional certificates. 
754S. Regulations, as to granting certificates 

without examinations. 

7849. Temporary certificates. 

7850. Minimum age limit; revocation of cer- 

tificate. 

7851. Fees for examiners conducting investiga- 

tion. 

7S52. Kind of certificates authorized to be is- 
sued; proviso. 

7853. Compensation of members and clerk; in- 
cidental expenses. 

7S54. Duties of clerk of city board of school 
examiners. 

7855. Disposition of examination fees. 

7S5G. Consideration of applicants'^ answers; is- 
sue of certificates or notice of failure. 

7S57. Manuscripts to be placed on file. 

7858. Applicant's right of appeal. 



STATE BOARD OF EXAMINERS. 

Section 7805. There shall be a state board of exam- 



iners, consisting of five competent persons, resident of the 
state, to be appointed by the state commissioner of common 
schools. Not more than three of them shall belong to the 
same political party. (R. S. Sec. 4065.) 

Section 7806. The term of office of such examiners 
shall be five years. The term of one of the examiners shall 
expire on the thirty-first day of August each year. When 
a vacancy occurs in the board, whether from expiration of 
the term of office, refusal to serve, or other cause, such 
commissioner shall fill it by appointment for the full or un- 
expired term, as the case demands. (R. S. Sec. 4065.) 

Section 7807. The board thus constituted may issue 
three grades of life certificates to such as are found to pos- 
sess the requisite scholarship, and who exhibit satisfactory 
evidence of good moral character and of professional ex- 
perience and ability. The certificate shall be for different 
grades of schools according to branches taught, and be valid 
in the schools specified therein. The clerk of the board must 
keep a record of the proceedings, showing the number, date 

133 



State board; 
their appoint- 



Terms and 
vacancies. 



Power to issue 
certificates; 
record thereof. 



*34 



EXAMINERS. 



Effect thereof; 
may be re- 
voked for 
cause. 



'Examination 
fees. 



Compensation 
of examiners. 



and grade of each certificate, to whom granted, and for 
what branches of study, and report such statistics to the 
commissioner, annually, on or before the thirty-first day of 
August. (R. S. Sec. 4066.) 

The state board of examiners issues the following certificates: _ High 
school life, common school life and special life. High school life certificates 
are unlimited, common school life and special life are limited to the branches 
of study specified therein. 

Section 7808. All certificates issued by such board 
shall be countersigned by the commissioner of common 
schools. They shall supersede the necessity of any and all 
other examinations of the persons holding them, by any 
board of examiners, and be valid in any school district in 
the state, unless revoked bv the state board for good cause. 
(R. S. Sec. 4067.) 

Section 7809. Each applicant for a certificate shall 
pay to the board of examiners a fee of five dollars. The 
clerk of the board must pay to the state treasurer, all fees 
received, and file with the state auditor a written statement 
of the amount. (R. S. Sec. 4068.) 

Section 7810. Each member of the board shall be en- 
titled to receive five dollars for each day he is necessarily 
engaged in official service, and also six cents per mile each 
way for traveling from and to his place of residence, by the 
most direct route of public travel to and from the places of 
meeting of the board, to be paid out of the state treasury 
on the order of the state auditor. All books, blanks and 
stationery required by the board must be furnished by the 
secretary of state. (R. S. Sec. 4068.) 



County 
boards. 



Who inelig- 
ible. 



COUNTY BOARD OF EXAMINERS. 

Section 781 1. There shall be a county board of 
school examiners for each county, consisting of three com- 
petent persons to be appointed by the probate judge. Two 
of such persons must have had at least two years' experi- 
ence as teachers or superintendents, and have been within 
five years, actual teachers in the public schools. Each per- 
son so appointed shall be a legal resident of the county for 
which appointed. Should he remove from the county dur- 
ing his term, his office thereby shall be vacated and his suc- 
cessor be appointed. (R. S. Sec. 4069.) 

Section 7812. No examiner shall teach in, be con- 
nected with, or financially interested in any school which is 
not supported wholly or in part by the state, or be employed 
as an instructor in any teachers' institute in his own county; 
nor shall any person be appointed as, or exercise the office 
of examiner who is agent of or financially interested in any 
book publishing or book selling firm, company or business, 
or in any educational journal or magazine. If an examiner 
becomes connected with or interested in any school not un- 
der state control, or is employed in any such institution in 



EXAMINERS. 



13! 



Term. 



Vacancies. 



his own county, or becomes an agent of or interested in any 
book company or journal, or fails to hold the necessary 
teachers' certificate, or removes from the county, the probate 
judge upon being apprised of such fact, forthwith shall re- 
move such examiner and appoint his successor. (R. S. Sec. 
4069.) 

Offices of county school examiner and councilman are incompatible. State 
v. Card, 29 O. C C. 426 (S N. S. 599.) 

Section 7813. The term of office of such examiner is 
three years. The term of one of the examiners shall ex- 
pire on the thirty-first day of August, each year. The pro- 
bate judge must revoke the appointment of any examiner, 
upon satisfactory proof that he is inefficient, intemperate, 
negligent, guilty of immoral conduct, or that he is using his 
office for personal or private gain. (R. S. Sec. 4069.) 

• 

Section 78 14. When a vacancy occurs in the board, 
whether from expiration of the term of office, refusal to 
serve, or other cause, the probate judge promptly shall fill 
it by appointment for the full or unexpired term, and with- 
in ten days, report this to the state commissioner of common 
schools, together with the names of the other members of 
the board and the date of the expiration of their several 
terms of office. (R. S. Sec. 4069.) 

Section 7815. Annually, in the month of September, 
the board of county school examiners shall organize by 
choosing from its members a president, a vice-president, and 
a clerk. The president shall preside at all the meetings of 
the board. In his absence the vice president shall preside. 
The clerk shall keep a full and accurate record of the pro- 
ceedings of the board, showing the number, date and char- 
acter of each certificate issued, to whom, for what term and 
what branches of study, with such other statistics relating 
to the examination and proceedings of the board as the state 
commissioner of common schools requires, in the form and 
manner required by him, and make a report of all such 
items annually on or before the first day of September. (R. 
S. Sec. 4070.) 

Section 7816. The board shall make all needful rules Rules and 
and regulations for the proper discharge of its duties and regulations, 
the conduct of its work, subject to statutory provisions and 
the approval of the state commissioner of common schools. 
(R. S. Sec. 4070.) 



Organization 
of board; 
duties of 
officers. 



The prosecuting attorney 
iners; see Sec. 2917. 



the legal adviser of county boards of exam- 



examinations; 
notice. 



Section 7817. Each board shall hold public meetings Meetings for 
for the examination of applicants for county teachers' cer- 
tificates on the first Saturday of every month of the year, 
unless Saturday falls on a legal holiday, in which case, it 
must be held on the succeeding Saturday, at such place or 
places within the county as, in the opinion of the board, best 
will accommodate the greatest number of applicants. Notice 
thereof shall be published in two weekly newspapers of dif- 



136 



EXAMINERS. 



Majority's 
power ; ex- 

amin.uion 
fees. 



ferent politics printed in the county, if two papers thus are 
published, if not, then a publication in one only is required. 
In no case shall the board hold any private examination or 
antedate any certificate. (R. S. Sec. 4071.) 

Section 7818. A majority of the board may examine 
applicants and grant certificates. As a condition of any 
applicant's being admitted to take the examination, each one 
shall pay to the board for the use of the count) r institute a 
fee of fifty cents. (R. S. Sec. 4071.) 

It has been decided by two or more common pleas courts in Ohio, "that 
the examination of the candidate, and determination to grant the certificate 
being official acts, can only be legally performed at a session of the board 
duly organized, and that the whole board, as such, is to decide regarding the 
qualifications of each applicant to teach each branch certified to." See also 
case of McCortle v. Bates, 29 O. S., 419, as quoted in full under section 3982. 
All its reasoning regarding boards of education applies equally to examining 
boards. 



Uniform 
system of ex- 
examination. 



Divulging 
school ex- 
aminers' 
questions. 



Disposition 
of fees. 



Teachers' 
certificates. 



Section 7819. The questions for all county teachers' 
examinations, shall be prepared and printed under the di- 
rection of the state commissioner of common schools. A 
sufficient number of lists must be sent, under seal, to the 
clerks of such boards of examiners not less than five days 
before each examination, such seal to be broken at the time 
of the examination at which they are to be used, in the pres- 
ence of the applicants and a majority of the members of 
the examining board. (R. S. Sec. 4071a.) 

Section 12989. Whoever, being a person connected with the 
preparation, printing, distribution or handling of questions for 
count)- teachers' examinations, makes public in any manner or 
gives information in regard to the nature or character of such 
questions, to an applicant for a certificate, or other person, prior 
to such examination in each branch of study respectively, or 
whoever is found in possession of any of such questions prior to 
the distribution thereof for the use of applicants at such examina- 
tion, shall be fined not less than fifty dollars nor more than one 
hundred dollars, and imprisoned not less than thirty days nor more 
than ninety days. (R. S. Sec. 4071a.) 

Section 7820. The clerk of the board of county school 
examiners must promptly collect all fees from applicants at 
each examination and pay them into the county treasury 
quarterly. He shall file with the county auditor a written 
statement of the amount, and the number of applicants, male 
and female, examined during the quarter. All money thus 
received, must be set apart by the auditor for the support of 
county teachers' institutes, to be applieclas provided for in 
chapter eight of this title. (R. S. Sec. 4072.) 

Section 782T. County boards of school examiners may 
grant teachers' certificates for one, two, three, five and eight 
years from the day of the examination, which shall be valid 
in all village, township, and special school districts of the 
county wherein they are issued. In school districts situated 
in two or more counties, teachers' certificates obtained in 



either county shall be valid in sue' 
4073-) 



1 districts. (R. S. S< 



EXAMINERS. 



137 



Section 7822. All teachers' certificates granted for 
one, two or three years shall be regarded as provisional cer- 
tificates, and be issued and renewed only in compliance with 
such reasonable regulations and standards and upon such 
ratios as the board adopts. But when any teachers holds a 
two or three years' certificate, and for the last five years 
preceding has been continuously engaged in teaching in this 
state, such teacher shall be entitled to have such certificate 
renewed by passing an examination in theory and practice 
(R. S. Sec. 4073.) 

Section 7823. Applicants for five-years' or eight- 
years^ certificates shall have had not less than forty months' 
experience in teaching and shall make not less than eightv- 
five per cent, in any branch and a general average of not 
less than ninety-two per cent., and such certificates shall be 
regarded as professional certificates. They shall be renewed 
without examination at the discretion of the examining 
board, except that no such certificate will be renewable if 
the holder thereof has not been actively engaged in teaching 
within the four years preceding. Such professional cer- 
tificates shall be valid in any county in the state. (As 
amended May 10, 1910.) 

Section 7824. County boards of school examiners at 
their discretion may issue certificates without formal ex- 
aminations to holders of certificates granted by other countv 
and city boards of school examiners. (R. S. Sec. 4073.) 

Section 7825. Each county board of school examin- 
ers may make its own regulations to grant certificates with- 
out formal examinations, except in theory and practice of 
teaching and in the science of education, to graduates of 
schools for the training of teachers, having at least a two- 
years' course of study in addition to graduation from a 
years' course of study in addition to graduation from a first 
least a four years' course of study in addition to graduation 
from a first grade high school. Certificates thus granted 
to such graduates may be issued, on application within one 
year after graduation, first for one year; and at their ex- 
piration, on satisfactory evidence of success in teaching, 
for longer terms. (R. S. Sec. 4073.) 

Section 7826. Between regular examinations, countv 
boards of school examiners, at their discretion, may issue 
temporary certificates, which shall be valid only until the 
next regular examination held by such boards after the is- 
sue of such certificates. (R. S. Sec. 4073.) 

Section 7827. No certificate shall be issued to any 
person who is less than eighteen years of age. If at anv 
time the recipient of a certificate be found intemperate, 
immoral, incompetent or negligent, the examiners, or any 
two of them, may revoke the certificate; but such revoca- 
tion shall not prevent a teacher from receiving pay 
services previously rendered. Before anv hearing is had 



Provisional 
certificates, 
defined. 



Professional 

certificates. 

defined. 



Effect of cer- 
tificates of 
other counties. 



Regulations, . 
as to issue of 
certificates 
without ex- 
amination. 



Temporary 
certificate. 



Minimum age 

limit. 






EXAMINERS. 



Fees for 
examiners 
conducting 
investigation. 



What kind of 
certificates 
shall be 
issued. 



Certificate a 
prerequisite 
to employment 
of teacher. 



by a board of examiners on the question of the revocation 
of a teacher's certificate, the charges against the teacher 
must be reduced to writing and placed upon the records 
of the board. He shall be notified in writing as to the 
nature of the charges and the time set for the hearing, such 
notice to be served personally or at his residence ; and be 
entitled to produce witnesses and defend himself. The ex- 
amining board may send for witnesses and examine them 
on oath or affirmation which may be administered by any 
member of the board touching the matter under investiga- 
tion. (R. S. Sec. 4073.) 

Section 7828. The fees and the per diem of examin- 
ers for conducting such investigation at three dollars a day 
each and other expenses of such trial shall be certified to 
the county auditor by the clerk and president of the ex- 
amining board and be paid out of the county treasury upon 
the order of the auditor. (R. S. Sec. 4973.) 

Xo applicant who is not eighteen years of age at the time of the 
examination can receive a legal certificate. 

The revocation of a teacher's certificate by the county school examiners 
for intemperance and immorality is not reviewable by the courts. Hence that 
board will not be compelled by mandamus to sign a bill of exceptions setting 
out the evidence on the trial to revoke. 1 N._ P., 151. 

The revocation of a certificate is not strictly a judicial proceeding. The 
law which clothes the boards of examiners with discretionary power, will 
protect them in the proper use of it. They cannot, of course, be mulcted in 
damages nor removed from office, for refusing to grant a certificate, nor for 
revoking a certificate, in the exercise of this discretion. If malice or other 
undue motive enter into the transaction, however, the candidate has his 
remedy in the courts, and the probate judge may remove any member for 
such cause, as a malfeasance in office — an immorality — one of the causes 
enumerated in the law. 

Notice of revocation should at least be given to the boards of educa- 
tion concerned. A person cannot draw pay after his certificate is revoked. 

A certificate cannot be antedated. See Sec. 7S17. 

An official trust cannot be delegated. See III Central Law Journal, p. 
472. The board has no authority, therefore, to appoint a substitute to perform 
the duties of_?ny of its members. _ A certificate depending on the signature 
of such substitute for its validity, is worthless. As all citizens are bound to 
know the law. so candidates and school authorities are bound to know who are 
legal, or, at least, de facto public officers. 

Section 7829. Three kinds of teachers' certificates 
only shall be issued by county boards of school examiners, 
which shall be styled respectively "teacher's elementarv 
school certificate," valid for all branches of study in schools 
below high school rank, "teacher's high school certificate. " 
valid for all branches of study in recognized high schools 
and for superintendents and "teacher's special certificate," 
valid in schools of all grades, but only for the branch or 
branches of study named therein. (R. S. Sec. 4074.) 

Section 7830. No person shall be employed or enter 
upon the performance of his duties as a teacher in any ele- 
mentary school supported wholly or in part by the state 
in any village, township or special school district who has 
not obtained from a board of school examiners having legal 
jurisdiction a certificate of good moral character; that he 
or she is qualified to teach orthography, reading, writing, 
arithmetic, English grammar and composition, geography, 
history of the United States, including civil government. 
physiology, including narcotics, literature, and that he or 
she ; 5 an adequate knowledge of the theory and 

eaching. 1 R. S. Sec. 4074. ) 



EXAMINERS. 



139 



Section 7831. No person shall be employed or enter 
upon the performance of his duties as a teacher in any 
recognized high school supported wholly or in part by the 
state in any village, township, or special school district, or 
act as a superintendent of schools in such district, who has 
not obtained from a board of examiners having legal juris r 
diction a certificate of good moral character; that he or 
she is qualified to teach literature, general history, algebra, 
physics, physiology including narcotics, and, in addition 
thereto, four branches elected from the following branches 
of study : Latin, German, rhetoric, civil government, 
geometry, physical geography, botany, and chemistry ; and 
that he or she possesses an adequate knowledge of the 
theory and practice of teaching. (R. S. Sec. 4074.) 

Section 7832. No person shall be employed and enter 
upon the performance of his duties as a special teacher of 
music, drawing, painting, penmanship, gymnastics, German, 
French, the commercial and industrial branches, or any 
one of them, in any elementary or high school supported 
wholly or in part by the state in any village, township, or 
special school district, who has not obtained from a board 
of examiners having legal jurisdiction a certificate of good 
moral character: that he or she is qualified to teach the 
special branch or branches of study, and, in addition thereto, 
possesses an adequate knowledge of the theory and prac- 
tice of teaching. (R. S. Sec. 4074.) 

Section 7833. But no person holding a common 
school life certificate issued by the board of state examiners 
shall be required to have any other certificate to teach in 
the elementary schools of the state, nor be required by any 
board to be examined in any of the branches covered by 
such certificate in order to be granted the teaches' high 
school certificate .authorized herein. (R. S. Sec. 4074.) 

In Illinois, a certificate was not obtained till the middle of the term. 
A new contract was entered into at that time to pay the teacher double 
wages for the rest of the term. This was considered an attempt to do 
indirectlv what there was no power to do directly; and therefore the con- 
tract was held void. 71 111., 532. 

A person began teaching under a contract. He taught three weeks; 
then obtained a certificate and made a written contract to run three months 
from the time he began teaching. Held, that he was entitled to wages after 
certificate was obtained, but to no pay for the previous three weeks. 20 
Minn., 72. 

No money can be legally drawn for teaching a day without a certificate, 
and to receive public money illegally is a crime under Sees. 7786, 7829-7S33. 

The board of education at G., at a regular meeting, tendered C. the 
election as superintendent of a school in which branches other than those 
enumerated in the certificate issued to C. by the board of school examiners, 
were taught. C. accepted the employment tendered, and entered upon its 
duties. Held, that this constituted a valid contract, and in the absence of 
proof, other teachers being employed in the school, no presumption arises that 
C. actually taught branches not enumerated in his certificate. 12 C. C, 247. 

As to penalty for bribing or attempting to bribe an officer, see Sec. 
12823. 

Teachers in schools at children's homes and in kindergarten schools, 
supported by public funds, must hold certificates. 

Section 7834. Each member of the county board of 
school examiners is entitled to receive ten dollars for each 
examination of fifty applicants or less, fourteen dollars for 
each examination of more than fifty applicants and less 



Certificate of 
high school 
teacher and 
superintendent. 



Certificate of 
special teacher. 



Recognition 
or renewal of 
certificates. 



Compensation 
of board. 



I4O EXAMINERS. 

than one hundred, eighteen dollars for each examination 
of one hundred applicants and less than one hundred and 
fifty, twenty-two dollars for each examination of one 
hundred and fifty applicants and less than two hundred, 
and four dollars for each additional fifty applicants, or 
fraction thereof, to be paid out of the county treasury on 
the order of the county auditor. Books, blanks, and sta- 
tionery required by the board shall be furnished by the 
county auditor. (R. S. Sec. 4075.) 

bo X a P rd lses ° f Section 7835. Such board may contract for the use 

of suitable rooms in which to conduct examinations, for 
the printing of examination questions, may procure fuel 
and light, and employ janitors, to take charge of the rooms 
and keep them in order. Expenses so incurred, together 
with the cost of advertising notice of their meeting as re- 
quired by law, shall be paid out of the county treasury on 
orders of the county auditor, who shall issue them upon 
the certificate of the president of the board, countersigned 
by the clerk. (R. S. Sec. 4075.) 

ofefcrk-^fis* Section 7836. On or before the first day of Septem- 

bond. ber in each year, the clerk of such board shall prepare, and 

forward to the state commissioner of common schools, a 
statement of the number of examinations held by the board, 
the number of applicants examined, the total number of 
certificates granted, and the number for each term men- 
tioned in this chapter, the amount of fees received and paid 
to the county treasurer, the amounts received from the 
county treasury by the members of the board for their 
services, with such other statistics and information in rela- 
tion to the duties of the board as such commissioner re- 
quires. He shall also deposit with the county auditor a 
bond,, with surety to be approved by the auditor, in the 
sum of three hundred dollars, that he will pay into the 
county treasury, quarterly, the examination fees received 
by the board, and make the statistical returns required by 
this chapter. (R. S. Sec. 4076.) 

Compensation Section 7837. The clerk shall receive for Ids services 

of clerk. as clerk f our dollars for each examination of sixty appli- 

cants or less, six dollars for each examination of more than 
sixty applicants and less than one hundred, eight dollars for 
each examination of one hundred applicants or more, to be 
paid out of the county treasury on the order of the county 
auditor. But no order shall be drawn for the month of 
August until the clerk produces a receipt from the state 
commissioner of common schools that he has filed all the 
reports for the year required by him. (R. S. Sec. 4070.) 

city board oe examiners. 
City board of Section 7$fi. There shall be a city board of school 

scbool exam- . ' ^ J . 

iners; ^appoint- examiners for each city school district, to be appointed by 
the board of education of the district. Such board shall 
consist of three persons. The majority of those appointed 



ment, term. 



EX A .MIXERS. 



I 4 I 



must have had at least two years' practical experience in 
teaching in the public schools. All persons appointed shall 
be otherwise competent for the position and residents of 
the district for which appointed. The term of office of 
such examiners shall be three years; the term of one-third 
of them to expire on the thirty-first day of August, each 
year. (R. S. Sec. 4077.) 



vacancies. 



Section 7839. The board of education may revoke Removals and 
any appointment upon satisfactory proof that the appointee 
is inefficient, intemperate, negligent, or guilty of immoral 
conduct. When a vacancy occurs in the board, whether 
from expiration of term of office, refusal to serve, or other 
cause, the board shall fill it by appointment for the full or 
unexpired term, as the case demands. Within ten days 
after an appointment, the clerk of the board must report 
to the state commissioner of common schools the name of 
the appointee, and whether the appointment is for a full or 
an unexpired term. (R. S. Sec. 4077.) 



Section 7840. Each city board of school examiners 
shall determine the standard of qualification for teachers, 
and may examine any school in the district when such ex- 
amination is deemed necessary to ascertain a teacher's 
qualifications. But in the examination of applicants and 
the granting of certificates the board must be governed by 
the provisions of this chapter relating thereto. (R. S. Sec. 
4078.) 

Section 7841. To secure a thorough examination of 
applicants in difficult branches, or special studies, the board 
may secure the temporary assistance of persons of suf- 
ficient knowledge in such branches or studies, who must 
promise on oath or affirmation, to be administered by the 
clerk of the board of examiners, to perform the duties of 
examiner faithfully and impartially. Superintendents of 
schools shall give to the board all necessary information in 
reference to branches and special studies to be taught, and 
the branches of study and grades of school which teachers 
will be required to teach. (R. S. Sec. 4078.) 

An expert secured by the board to conduct examinations in any particular 
branch should certify the result of the examination to the board; all cer- 
tificates should be signed by members of the board and by such members only. 



ird of 

qualification 
for teachers. 



Special 

examiners. 



Section 7842. Each city board of school examiners 
must organize during the month of September each year by 
choosing from its members a president, vice-president, and 
clerk. The president shall preside at all the meetings of 
the board, and in his absence the vice-president shall pre- 
side. The clerk shall perform all the duties required in 
this chapter of the clerk of the board of county school ex T 
aminers in so far as such duties apply. He also must give 
bond, in the sum of three hundred dollars with surety to 
be approved by the board of education, conditioned that 
he will perform faithfully the duties required of him by 



Organization 
of board; 
duties of 
officers; 
clerk's bond. 



14- 



EXAMINER! 



Meetings for 

examination; 

notice. 



Certificates. 



Renewal of 
certificates. 



this chapter, which bond shall be deposited with the clerk 
of such board. (R. S. Sec. 4079.) 

Section 7843. Each board of city school examiners 
shall hold not less than two meetings each year, notice of 
which must be published in some newspaper of general 
circulation in the district. All examinations of applicants 
shall be conducted at the meetings of the boards thus called. 
The examination of every applicant must be in the presence 
of at least two members of the board. (R. S. Sec. 4080.) 

Section 7844. Each city board of school examiners 
may grant teachers' certificates for one, two, three, five and 
eight years from the day of examination, which shall be 
valid within the district wherein they are issued. But cer- 
tificates granted for one, two or three years must be re- 
garded as provisional certificates and shall be issued and 
renewed only in compliance with such reasonable regula- 
tions and standards and upon such ratios as the board may 
adopt. (R. S. Sec. 4081.) 

Section 7845. When a teacher holds a two or three 
year certificate and has for the last five years preceding 
been continuously engaged in teaching in this state such 
teacher will be entitled to have such certificate renewed by 
passing an examination in theory and practice. (R. S. 
Sec. 4081.) 

Section 7846. Applicants for five-years' and eight- 
years' certificates shall have had not less than forty months' 
experience in teaching and shall make not less than eighty- 
five per cent, in any branch and a general average of not 
less than ninet} r -two per cent., and such certificates shall be 
regarded as professional certificates and be renewed with- 
out examination at. the discretion of the examining board, 
except that no such certificate will be renewable if the 
holder has not been actively engaged in teaching within the 
four years preceding. (As amended May 10, 1910.) 

Section 7847. Such professional certificates shall be 
valid in any city in the state. City boards of school ex- 
aminers at their discretion may issue certificates without 
formal examinations to holders of certificates granted by 
other city and county boards of school examiners. (R. S. 
Sec. 4081.) ^ 

Regulations, as Section 7848. Each city board of school examiners 

may make its own regulations to grant certificates without 
formal examinations, except in theory and practice of 
teaching and in the science of education, to graduates of 
schools for the training of teachers, that have at least a 
two-years' course of study in addition to graduation from 
a first grade high school and of colleges or universities, 
having at least a four-years' course of study in addition to 
graduation from a first grade high school, as may be ap- 
proved by them. Certificates thus granted to such gradu- 



Professional 
certificates. 



Validity of 
professional 
certificates. 



to granting 
certificates 
without ex- 
aminations. 



EXAMINERS. 

ates may be issued, on application within one year after 
graduation, first for one year; and at their expiration, on 
satisfactory evidence of success in teaching, for longer 
terms. (R. S. Sec. 4081.) 

Section 7849. Between regular examinations,, city Temporary 
boards of school examiners, at their discretion, may issue certificates, 
temporary certificates, which shall be valid only until the 
next regular examination held by the board after the issue 
thereof. (R. S. Sec. 4081.) 



H3 



nmum age 



Section 7850. No certificates shall be issued to any Mini 
person who is less than eighteen years of age, and if at any limit^revoca- 
time the recipient of a certificate be found intemperate, im- cate. ° f 
moral, incompetent, or negligent, the examiners, or any two 
of them, may revoke the certificate. But such revocation 
shah not prevent a teacher from receiving pay for service- 
previously rendered. Before any hearing is had by a board 
of examiners on the question of the revocation of a teach- 
er's certificate, the charges against the teacher must be re- 
duced to writing and placed upon the records of the board. 
He shall be notified in writing as to the nature of the 
charges and the time and place set for the hearing. Such 
notice must be served either personally or at his residence. 
He shall be entitled to produce witnesses and defend him- 
self. The examining board may send for witnesses and 
examine them on oath touching the matter under investi- 
gation, which oath or affirmation may be administered by 
any member of the board. (R. S. Sec. 4081.) 

Section 7851. The fees and the per diem of examin- 
ers for conducting such investigation, at three dollars a day 
each, and other expenses of such trial shall be certified to 
the city auditor by the clerk and president of the examining 
board, and be paid out of the city treasury upon the order 
of the city auditor. (R. S. Sec. 4081.) 

Section 7852. The provisions of this chapter relating 
to the kinds of certificates authorized to be issued by the 
county boards of school examiners for teachers in elemen- 
tary schools, high schools, and for superintendents shall 
apply to city boards of school examiners; except that city 
boards, in their discretion, may require teachers in 
elementary schools to be examined in drawing, music, or 
German if such subjects are a part of the regular work 
of such teachers. (R. S. Sec. 4082.) 

Section 7853. Each city board of education shall fix compensate 
the compensation of the members of the city board of of members 
school examiners, the additional compensation of the clerk, fncldentaV 
and the person or persons called to their assistance, fur- ex ^ enses - 
nish the necessary books, blanks and stationery for their 
use, designate a school building within the district in which 
they shall conduct examinations and cause such building 
to be lighted and heated if necessary. Such compensation. 



Fees for 
examiners 
conducting in- 
vestigation. 



Kind of cer- 
tificates au- 
thorized to be 
issued; pro- 
viso. 



144 EX'AMINERS. 

and the incidental expenses incurred on account of the 
board of examiners, shall be paid, by order of the board of 
education, from the contingent fund of the district. (R. S. 
Sec. 4083.) 

Duties of Section 7854. The clerk of the city board of school 

clerk of city examiners shall keep a record of its proceedings, and such 
school °ex- statistics as the state commissioner of common schools re- 
aminers. quires, in the form and manner he requires, and report such 

statistics to him annually, on or before the first day of 

September. (R. S. Sec. 4084.) 

Disposition of Section 7855. Such clerk shall pay the examination 

examination f ees rece j vec i by him to the treasurer of the district within 
ten days after each meeting, and at the same time file with 
the clerk of the board of education a written statement of 
the amount, also a statement of the number of applicants, 
male and female, examined, the number of certificates 
granted, and for what terms. Fees paid to the treasurer 
of the district shall be applied to fhe support of teachers' 
institutes, as provided in chapter eight. (R. S. Sec. 4084.) 

Section 7856. All manuscripts filed as answers to 
questions propounded to any applicant appearing before 
sue"of"'certifi- any county or city board of school examiners, shall be 
of te fai?urS° tlce promptly considered and passed upon by that board to- 
gether with the results of oral tests, if any, and such other 
information as comes to it touching the fitness of any 
applicant for teaching in the public schools. The board shall 
promptly issue all certificates granted to successful appli- 
cants and send notices of failure to those who fail in the 
the examination, if such there be. (R. S. Sec. 4085.) 

Manuscripts Section 7857. All such manuscripts shall be kept on 

to be placed file for sixty days by the members of the examining board 
propounding the questions. If, within the sixty days, any 
applicant after receiving his returns from the examination 
has cause to and does believe that he has been discrimin- 
ated against and his manuscript unfairly graded, he may 
review his manuscripts with the member or members of 
Right of ap- tne b° ar d having them in charge. If after such inspection 
peal. and review, he is still of the opinion that the board will 

not correct the error, if any, and issue his certificate, he 
may appeal his case to the state commissioner of common 
schools for final review. (R. S. Sec. 4085.") 



Consideration 
of applicants 
answers; is 



Applicant's 



Section 7858. Such appeal shall be in the form of 
right of an affidavit setting forth the facts as he believes them ac- 

companied by a fee of one dollar to cover the expenses 
incident thereto, and requesting that the matter be inquired 
into. Thereupon such commissioner shall require the clerk 
of such board to procure and forward such manuscripts, 
together with a full explanation of the reasons for the 
board's action. Upon his examination of all the facts, to- 
gether with the manuscript?, if he finds that the applicant 
was denied a certificate when he should have been granted 



EXAMINERS. 1 45 

one and has been discriminated against by the board, he 
shall order it forthwith to issue a certificate of the date of 
the examination attended by the applicant, and indicate the 
length of time such certificate shall be valid. If, upon in- 
spection of the manuscript and reviewing the facts sub- 
mitted, the commissioner concludes that no injustice has 
been done, he shall so notify the applicant and the clerk of 
the board of examiners. (R. S. Sec. 4085.) 

(House Bill No. 47.) 
To provide for certification of teachers in the public, schools. 
Be it enacted by the General Assembly of the State of Ohio : 
7858- r. Section i. That the diploma of any normal 
school, teachers' college, college or university, approved by 
the state commissioner of common schools, shall entitle the 
holder thereof, when he or she has successfully passed the 
examination provided in section 5 of this act. to a pro- 
visional elementary school certificate valid for four years 
in any school district in Ohio; provided said diploma is 
granted only to such students as have taken a full two-year 
academic and professional course, entrance to which shall 
require graduation from a high school of the first grade. 
or its equivalent which shall be determined in such manner 
as the state commissioner of common schools may direct. 

7858-2. Section 2. That the diploma of a graduate 
of any normal school, teachers' college, college or university 
approved by the state commissioner of common schools, 
shall entitle the holder thereof, when he or she has suc- 
cessfully passed the examination provided in section 5 of 
this act, to a provisional high school certificate valid for 
four years in any school district in Ohio; provided said 
diploma is granted only to such students as have taken a 
full four years' academic and professional course, entrance 
to which shall require graduation from a high school of the 
first grade, or its equivalent which shall be determined in 
such manner as the state commissioner of common schools 
may direct. 

7858-3. Section 3. The two-year and four-year 
courses referred to herein shall include actual teaching 
under supervision in a training school, including elemen- 
tary or secondary grades, as the case may be, and shall be 
approved by the State Commissioner of Common Schools. 

7858-4. Section 4. The diploma or certificate of pro- 
ficiency issued, by any of the institutions named in 
section 1, to students having completed a special course, 
with training school experience, in music, drawing, pen- 
manship, ^ manual training, physical culture, domestic 
science, kindergartening, German, or such other studies as, 
by law or custom, are required as subjects of instruction 
by special teachers or supervisors shall entitle the holder 
thereof, when he or she has successfully passed the examin- 
10 s. 1,. 



146 



EXAMINERS. 

ation provided in section 5 of this act, to a special cer- 
tificate valid for four years in any school district in Ohio ; 
provided that no such diploma or certificate shall be issued 
to any one not having at least two years of academic and 
professional training beyond graduation from a high school 
of the first grade, or its equivalent which shall be de- 
termined in such manner as the state commissioner of com- 
mon schools may direct. 

7858-5. Section 5. When any holder of a diploma 
as provided in sections I, 2 and 4 of this act makes appli- 
cation to a board of county examiners for a certificate 
under this act, said applicant shall pay a fee of one dollar 
and fifty cents to the clerk of the board of county examin- 
ers, fifty cents of said fee to be paid into the institute fund 
of the county in which the applicant writes the examin- 
ation and one dollar of it to be forwarded to the state com- 
missioner of common schools to be used in defraying the 
expenses of grading the manuscripts of the said applicant 
who shall pay the same into the state treasury to the credit 
of the general revenue fund. The board of county examin- 
ers shall collect the manuscripts as the applicants complete 
them, and at the close of the examination, in the presence 
of the applicant, shall enclose them in an envelope provided 
for that puropse. seal and forward them to the state com- 
missioner of common schools ; who within thirty days from 
the time of receiving the manuscripts shall cause them to 
be graded. The state commissioner of common schools 
shall forward the result of such grading to the applicant 
and to the clerk of the board of county examiners. If such 
applicant has successfully passed the examination, with 
such grades as the state commissioner of common schools 
may require, then the commissioner shall forward to the 
clerk of the board of county examiners a certificate to be 
countersigned by said board of county examiners duly 
made out for and in the name of the applicant, and said 
certificate shall be valid in any school district of the state. 
as provided in sections 1, 2 and 4 of this act. The time of 
holding such examinations and the list of questions sub- 
mitted shall be the same as provided for in sections 7817 
and 7819 of the General Code. 

7858-6. Section 6. It shall be the duty of the State 
Board of School Examiners to issue to every holder of a 
provisional certificate as herein described, a life certificate 
of similar kind, upon satisfactory evidence that the holder 
thereof has taught successfully at least twenty-four months. 
In addition, applicants for common school certificates shall 
be examined in Theory and Practice of Teaching. Appli- 
cants for High School certificates shall be examined in 
Theory and Practice of Teaching, History of Education 
and Science of Education. Applicants for special certifi- 
cates shall be examined in Theory and Practice of Teach- 
ing and in the Special Branch. The applicant shall pay 
the usual examination fee. 



EXAMINERS. I47 

7858-7. Section 7. It shall be the duty of the State 
Board of School Examiners to issue to every holder of a 
professional certificate, issued by a city or county board of 
examiners, a life certificate of similar kind, upon satis- 
factory evidence that the holder thereof has taught suc- 
cessfully at least ten years. In addition, applicants for 
common school certificates shall be examined in Theory and 
Practice of Teaching. Applicants for High School cer- 
tificates shall be examined in Theory and Practice of 
Teaching, History of Education and Science of Education. 
Applicants for special certificates shall be examined in 
Theory and Practice of Teaching and in the Special Branch. 
The applicant shall pay the usual examination fee. 
GRANVILLE W. MOONEY, 
Speaker of the House of Representatives. 
FRANCIS W. TREADWAY, 

President of the Senate. 
Passed May 10, 19 10. 
Approved May 19, 1910. 
, JUDSOX HARMON, Governor. 






CHAPTER 8. 

TEACHERS' INSTITUTES. 



SECTI0N COUNTY INSTITUTE. , . .. 

7859. Organization of county teachers insti- 

tutes. 

7860. Officers; term. 

7861. When election to be held. 

7862. Vacancies. . , , 
Duty of executive committee; bond. 
Payment of institute fund to committee. 
Report of secretary. 
His compensation. < 
Forfeiture of committee s bond. 
When school commission r may hold in- 
stitute. 



7864. 
7865. 
7866. 

78G7. 



Section 

7869. Teachers may dismiss school to attend 
institute. 

7570. Pay for attending institute. 

CITY INSTITUTE. 

7571. Institute for city districts 

7872 Expenses of, how provided for. 

7873. When city fund to be paid into county 

fund. 

7874. Length of session; report to state com- 

missioner. 



Organization 
of county 
teachers' in- 
stitutes. 



Officers; term. 



When election 
to be held. 



COUNTY INSTITUTE. 

Section 7859. A teachers' institute may be organized 
in any county, by the association of not less than thirty 
practical teachers of the common schools residing therein 
who must declare their intention in writing to attend such 
institute, the purpose of which shall be the improvement 
of such teachers in their profession. (R. S. Sec 4 4086.) 

Section 7860. Such institute, annually, shall elect by 
ballot a president, secretary, and one member of an execu- 
tive committee, to serve for a term of three years; except, 
that at the first annual election held after the organization 
of an institute, three members of the executive committee 
must be elected. The one receiving the highest number of 
votes shall serve three years ; the one receiving the next 
highest number, two years; and the one receiving the next 
highest number one year. The president and secretary of 
the institute shall be ex-officio members of the executive 
committee and act as chairman and secretary thereof. (K. 
S. Sec. 4086.) 

inStit Th'= pufposfof a teachers' institute being the Improvement n|T the tea* 

rsiifeine^XuiT &l i^ f n P r m e;„o» sas s & 

management of schools. 

Section 7861. Such election of officers shall be held 
during the session of such institute and at a time fixed by 
the executive committee thereof. At least three days notice 
of the election must be given the members of such insti- 
tute by posting conspicuously in the room, where the in- 
stitute is held, a notice of the time and place of holding it, 
and of the officers to be voted for. (R. S. Sec. 4086.) 

148 



TEACHERS INSTITUTES. 



149 



Payment of 

institute fund 
to committee. 



Report of 
secretary. 



Section 7862. A vacancy in the office of president, Vacancies, 
secretary, or member of the executive committee caused by 
death, resignation, removal from the county or other cause, 
may be filled by the executive committee, the person elected 
to serve until the next annual meeting of the institute. (R. 
S. Sec. 4086.) 

Section 7863. Such executive committee shall man- Duty of 
age the affairs of the institute. The committee must enter committee; 
into a bond, payable to the state, with sufficient surety, to bond - 
be approved by the county auditor, in double the amount 
of the institute fund in the county treasury, for the benefit 
of the institute fund of the county, and conditioned that 
the committee shall account faithfully for the money which 
comes into its possession, and make the report to the com- 
missioner of common schools, required in section seventy- 
eight hundred and sixty-five. (R. S. Sec. 4086.) 

Section 7864. The declaration and bond shall be filed 
with the county auditor. Thereupon he shall give to the 
institute committee an order on the county treasury for the 
amount of the institute fund in the treasury. Any portion 
of the fund not disbursed by the committee must be re- 
turned to the county treasury, on the certificate of the 
county auditor. (R. S. Sec. 4087.) 

Section 7865. Within five days after the adjourn- 
ment of the institute, its secretary shall report to the state 
commissioner of common schools the number of teachers 
in attendance, the names of instructors and lecturers at- 
tending, the amount of money received and disbursed by 
the committee and such other information relating to the 
institute as the commissioner requires. (R. S. Sec. 4088.) 

Blanks for reports are sent to the county auditor for distribution. 

Section 7866. The secretary may be allowed com- 
pensation not to exceed ten dollars for making such report 
and for his services as secretary, to be paid out of the in- 
stitute fund of the county. No other compensation shall 
be allowed any officer or member of the executive com- 
mittee. On failure to make such report, the secretary shall 
forfeit and pav to the state the sum of fifty dollars. (R. 
S. Sec. 4088.) 

Section 7867". Upon the forfeiture of the com- 
mittee's bond, the prosecuting attorney of the county shall committee's 
prosecute an action thereon, in the name of the state, and 
collect any money which the committee failed to disburse 
according to law. and any penalty to which it may be liable 
under this chapter, and pay it into the county treasury, to 
the credit of the -institute fund. (R. S. Sec. 4089.) 

Section 7868. When a teachers' institute has not 
been held in a county within two years, the commissioner 
of common schools may hold or cause such institute to be 
held therein. The management thereof, and all pro- 



His compensa- 
tion. 



feiture ofr 



When school 
commissioner 
may hold 
institute. 



i5o 



TEACHERS INSTITUTES. 



Teachers may 
dismiss school 
to attend 
■institute. 



Pay for 

attending 

institute. 



ceedings in relation thereto, shall be the same as herein- 
before provided, except that the written declaration re- 
quired shall not be necessary. (R. S. Sec. 4090.) 

Section 7869. All teachers and superintendents of 
the public schools within any county in which a county in- 
stitute is held while the schools are in session, may dismiss 
their schools for one week for the purpose of attending 
such institute. (R. S. Sec. 409 1 -) 

Section 7870. The boards of education of all school 
districts are required to pay the teachers and superintend- 
ents of their respective districts their regular salary for the 
week they attend the institute upon the teachers or super- 
intendents presenting certificates of full regular daily at- 
tendance, signed by the president and secretary of such in- 
stitute. If the institute is held when the public schools are 
not in session, such teachers or superintendents shall be 
paid two dollars a day for actual daily attendance as cer- 
tified by the president and secretary of such institute, for 
not less than four, nor more than six days of actual attend- 
ance, to be paid as an addition to the first month's salary 
after the institute, by the board of education by which such 
teacher or superintendent is then employed. In case he or 
she is unemployed at the time of the institute, such salary 
shall be paid by the board next employing such teacher 
or superintendent, if the term of employment begins within 
three months after the institute closes. R. S. Sec. 4°9 T -) 

Stipulation denying teacher compensation for teacher's institute void. 
30 O. C. C, 411 (11 N. S. 103.) 

Beverstock v. Bd. of Ed., 75 O. S., 144. 

Reid v. Muhlenberg Tp. (Bd. of Ed.) 16 O. D. N. P., 414. 



Institutes for 
city districts. 



Expenses of, 
how providei 
for. 



When city 
fund to be 
paid into 
:ounty funi 



CITY INSTITUTE. 

Section 7871. The board of education of each city 
school district may provide for holding an institute yearly 
for the improvement of the teachers of the common schools 
therein. General meetings of the teachers of a city dis- 
trict held upon not less than four days in any year, whether 
consecutive days or not, for the purposes of instruction, 
shall constitute a teachers' institute for a city district with- 
in the meaning of this section. (R. S. Sec. 4092.) 

Section 7872. The expenses of such institute shall be 
paid from the city institute fund hereinbefore provided for. 
In addition to this fund the board of education of any dis- 
trict annually may expend for the instruction of the teach- 
ers thereof, in an institute or in such other manner as it 
prescribes, a sum not to exceed five hundred dollars, to be 
paid from its contingent fund. (R. S. Sec. 4092.) 

Section 7873. If the board of a district does not 
provide for such institute in any year, it shall cause the in- 
stitute fund in the hands of the district treasurer for the 
year to be paid to the treasurer of the county wherein the 
district is situated, who shall place it to the credit of the 



TEACHERS INSTITUTES. I5I 

county institute fund. The teachers of the schools of such 
district in such case, shall be entitled to the advantages of 
the county institute, subject to the provisions of sections 
seventy-eight hundred and sixty-nine, and seventy-eight 
hundred and seventy. The clerk of the board shall make 
the report of the institute required by the next following 
section. (R. S. Sec. 4092.) 

Section 7874. All institutes held under the pro- Len th of 
visions of this chapter shall continue at least four days, session ; °re P ort 
A report of the institute held in pursuance of the provisions * 
of sections seventy-eight hundred and seventy-one and 
seventy-eight hundred and seventy-two shall be made to the 
state commissioner of common schools within five days 
after the adjournment thereof. It must state the number 
of teachers in attendance, the names of the instructors and 
lecturers, the total expenses of the institute, the portion 
thereof paid from the institute funds, and such other in- 
formation relating to the institute as the commissioner re- 
quires. (R. S. Sec. 4094.) 



missioner 



CHAPTER 9. 

TEACHERS' PENSIONS. 



Section 

7875. Trustees of school-teachers' pension 

fund. 

7876. Election of board of trustees. 

7877. How fund created and invested. 

7878. Notice to teachers; acceptance. 

7879. Investment of funds; payment of pen- 

sions. 
78S0. Retirement and pension of teachers. 

7881. Meaning of term "teacher." 

7882. Teachers entitled to pension. 
7S83. Amount of pension. 

7884. Who not entitled to pension. 

7885. How. when fund insufficient to pay pen- 

sions. 



Section 



7VMi. 

7S87. 



7891. 
7892. 

7893. 
7894. 
7895. 
7896. 



Use of principal and income. 

Pension exempt. 

Monthly certifications of deductions from 

salaries. 
Who custodian of fund. 
Duties. 

Rebate in case of resignation or removal. 
Heirs, legatees or assigns of deceased 

teacher entitled to half amount paid. 
Rules and regulations. 

Monthly payments to be made by board. 
Payments from contingent fund. 
Transfer of existing fund-. 



Trustees of 
school teach- 
ers' pension 
fund. 



Election of 

board of 
trustees. 



How fund 
created and 

invested. 



Section 78/$. When the board of education of a* 
school district by resolution, adopted by a majority vote of 
the members thereof, declares that it is advisable to create 
a school-teachers' pension fund for that school district, such 
fund shall be under the management and control of a board 
to be known as "the board of trustees of the school-teach- 
ers' pension fund" for such district. Such board shall be 
composed of not less than three, nor more than seven 
members, as the board of education by resolution declares. 
If composed of less than five a member of the board of 
trustees of such pension fund shall be elected by the board 
of education of such school district, and the remaining 
members by the teachers of the public schools, including the 
teachers of any high schools, of such district, who have 
accepted the provisions hereinafter provided. If such board 
is to be composed of five or more members, two members 
of the board of trustees of such school district shall be 
elected by the beard of education thereof, and the remain- 
ing members by the teachers of the public schools, including 
the teachers of any high school schools of such school dis- 
trict, who have accepted such provisions. (R. S. Sec. 
3897b.) 

Section 7876. The election of the members of such 
board by the teachers shall be at a meeting called by the 
superintendent of schools of such school district, the first 
election to be at a meeting to be called by the superintend- 
ent when one-third of the public school teachers of such 
school district have accepted the provisions of this chapter. 
Members of the board o.f trustees of such pension fund 
shall be elected for such length of time as the board of edu- 
cation of the school district by resolution declares, to serve 
not less than one, nor more than three years. They shall 
serve until their successors are elected and qualified, and 
without compensation. (R. S. Sec. 3897b.) • 






Section y^yy 
school district lias 



When the board of education of any 
declared the advisability of creating a 
1 o'2 



TEACHERS PENSIONS. I 53 

school-teachers' pension fund, its clerk shall notify each 
teacher in the public schools and high schools, if any, of the 
school district, by notice in writing of the passage of such 
resolution, and require the teachers to notify the board in 
writing within thirty days from the date of such notice 
whether they consent or decline to accept the provisions of 
law for creating such a fund. After the election of the 
board of trustees herein provided for, two dollars shall be 
deducted by the proper officers from the monthly salary of 
each teacher who accepted such provisions, and from the 
salary of new teachers who afterward accept them, such 
sum to be paid into and applied to the credit of such pen- 
sion fund, and shall continue so to deduct that sum during 
the term of service of such teacher. (R. S. Sec. 3897c.) 

Held to create a mutual contract in the nature of insurance; hence 
all terms should be given a fair interpretation, without favor, and where on: 
does not come within the express terms there is no reason to strain them l > 
include him. 7 O. C. C, N. S. 337. 



Notice to 

teachers: 

acceptance. 



Investment of 



Sectaon 7878. All teachers hereafter appointed in 
such public schools, or high schools, if any, in such school 
district, within thirty days after their appointment, shall be 
notified by the clerk of such board of education of the 
election of the board of trustees of such school-teachers' 
pension fund, and within six months thereafter be require 1 
to notify the board of education whether they consent or 
decline to accept the provisions of law therefor. All moneys 
received from donations, legacies, gifts, bequests or from 
any other source shall also be paid into such fund, or into 
a permanent fund. If paid into a permanent fund, only the 
interest thereof shall be applied to the payment of pensions. 
(R. S. Sec. 3897c) 

Section 7870. Such board of trustees may invest 

its J iiivuounv.1111 

such pension fund in the name of the board in bonds of the funds; pay- 
United States, or of the state of Ohio, or of any county, pensions. 
or municipal corporation, or school district in this state ; and 
may make payments from such fund for pensions granted 
in pursuance of the laws relating thereto. The board of 
trustees from time to time also may make and establish such 
rules and regulations for the administration of the fund as 
they deem best. (R. S. Sec. 3897c.) 

Section 7880. Such board of education of such _ . 

. ' . . Retirement 

school district, and a union, or other separate board, if any, and pension 
having the control and management of the high schools of of * 
such district, may each by a majority vote of all the mem- 
bers composing the board on account of physical or mental 
disability, retire any male or female teacher under such 
board who has taught for a period aggregating twenty 
years. One-half of such period of service must have been 
rendered by such beneficiary in the public schools or high 
schools of such school district, or in the public schools or t 
high schools of the county in which it is located, and the 
remaining one-half in the public schools of this state or 
elsewhere. (R. S. Sec. 3897c!, as amended May to. 1910. ) 



154 



TEACHERS PENSIONS. 



Meaning of 

term "teacher' 



Teachers 
entitled to 
pension. 



Amount of 
pension. 



Who not en- 
titled to pen- 
sion. 



How, when 
fund insuf- 
ficient to. pay 
pensions. 



Use of prin- 
cipal and 
income. 



Pension ex- 
empt. 



Section 7881. The term "teacher" in this chapter, 
shall include all teachers regularly employed by either of 
such boards in the day schools, including the superintendent 
of schools, all superintendents of instruction, principals, 
and special teachers, but in estimating years of service, 
only service in public day schools or day high schools, sup- 
ported in whole or in part by public taxation, shall be con- 
sidered. (R. S. Sec. 3897c!.) 

Section 7882. Any teacher may retire and become 
a beneficiary under this chapter who has taught for a period 
aggregating thirty years. But one-half of such term of 
service must have been rendered in the public schools or in 
the high schools of such school district, or in the public 
schools or high schools of the county in which the district 
is located, and the remaining one-half in the public schools 
of this state or elsewhere. (R. S. Sec. 3897c!, as amended 
May 10, 1910.) 

Section 7883. Each teacher so retired or retiring 
shall be entitled during the remainder of his or her natural 
life to receive as pension, annually, twelve dollars and fifty 
cents for each year of service as teacher, except that in no 
event shall the pension paid to a teacher exceed four 
hundred and fifty dollars in any one year. Such pensions 
shall be paid monthly during the school year. (R. S. Sec. 
3897c!, as amended May 10, 1910.) 

Section 7884. No such pension shall ]je paid until the 
teacher contributes, or has contributed, to such fund a sum 
equal to twenty dollars a year for each year of service 
rendered as teacher, but which sum shall not exceed six 
hundred dollars. Should any teacher retiring be unable to 
pay the full amount of this sum before receiving a pension, 
in paying the annual pension to such retiring teacher, the 
board of trustees must withhold on each month's payment 
twenty per cent, thereof, until the amount .above provided 
has been thus contributed to the fund. (R. S. Sec. 3897d.) 

Section 7885. If such pension fund at any time be 
insufficient to meet the pensions so provided for, during the 
period it is insufficient to make such payment, the amount 
in such fund shall be prorated between the parties entitled 
thereto. (R. S. Sec. 3897c!.) 

Section 7886. Such board of trustees may use both 
the principal and income of such fund for the payment of 
the premiums herein provided for, and the expense thereof, 
but this shall not apply to the principal of moneys received 
from donations, legacies, gifts, bequests, or other such 
sources. (R. S. Sec. 3807c.) 

Section 7887. Before its distribution and payment 
by the board of trustees to the beneficiaries, no part of 
such pension fund shall be liable to be taken or subjected 
by any writ or legal process against the beneficiary. (R. 
S. Sec. 3897c) 



TEACHERS PENSIONS. 



155 



_ Section 7888. The clerk of the board of education 
of such school district, and the clerk of the union board of 
high schools, or other separate board having the control 
and management of the high schools of the district, if any, 
each shall certify monthly to such board of trustees all 
amounts deducted from the salaries of the teachers as above 
provided, which amounts, as well as all other moneys con- 
tributed to such fund, must be set apart as a special fund 
for the purposes herein specified, subject to the order of 
the board of trustees. Moneys belonging to such fund shall 
be paid only on the order of such board, entered upon its 
minutes on warrants signed by its president and secretary. 
(R. S. Sec. 3897L) • 

Section 7889. _ The treasurer of such school district 
shall be the custodian of such pension fund, and keep it 
subject to the order, control and direction of the board of 
trustees. He must keep books of accounts concerning the 
fund in such manner as may be prescribed by such board 
which always shall be subject to the inspection of the board 
of trustees or of any member thereof. Such treasurer shall 
execute a bond to the board of trustees with good and suf- 
ficient sureties in such sum as the board requires, which 
bond shall be subject to its approval, and be conditioned for 
the faithful performance of his duties as custodian and 
treasurer of the board. (R. S. Sec. 3897g.) 

Section 7890. Such treasurer must keep and. truly 
account for all moneys and profits coming into his hands, 
belonging to such fund, and at the expiration of his term 
of office^ pay over, surrender and deliver to his successor 
all securities, moneys and other property of whatsover kind, 
nature and description in his hands or under his control 
as treasurer. For his services he shall be paid not to ex- 
ceed one per cent, annually of the amount paid into the 
fund during the year. (R. S. Sec. 3897g.) 

Section 7891. A teacher who resigns or is removed 
for cause, upon application within three months after such 
resignation or removal takes effect, shall be entitled to re- 
ceive half of the total amount paid by such teacher into 
such fund. (R. S. Sec. 3897b.) 

Section 7892. In case of the death of a teacher, the 
heirs, legatees or assigns of the deceased, shall be entitled 
to receive half of the total amount paid by such teacher 
into such fund upon application therefor, with proof of 
claim to the satisfaction of the board of trustees. (R. S. 
Sec. 389711.) 



Monthly cer- 
tifications of 
deductions 
from salaries. 



Who 
dian 



custo- 
of fund 



Duties. 



Heirs, legatees 
or asigns of 
deceased 
teacher en- 
titled to half 
amount paid. 



Section 7893. The board of trustees shall make such 
rules and regulations as it may deem expedient or neces- 
sary for its government; which must be adopted, and when 
adopted, may be amended, by a vote of not less than two- 
thirds of all the members of the board. (R. S. Sec. 38971.) 



Rules and 
regulations. 



Payments 
from contin- 
gent fund. 



56 TEACHERS PENSIONS. 

Monthly p..y- Section 7894. The board of education in any school 

mad? by be district which has created, or shall create, a teacher^' pen- 
hoard. s i on fund, shall pay monthly into such fund all deductions 

from the salaries of teachers on account of their tardiness 

or absence. (R. S. Sec. 3897k.) 

Section 7895. The board of education in any school 
district which has created, or shall create, a teacher's pen- 
sion fund, semi-annually, shall pay from the contingent 
fund of such school district into such fund, not less than 
one per cent, nor more than two per cent, of the gross 
receipts of the board raised by taxation, which shall be 
applied to the payment of teachers' pensions, as herein- 
before provided. (R. S. Sec. 3897I.) 

Transfer of Section 7896. Upon the election and organization of 

existing funds, a board of pension trustees under this chapter in any school 
district, any school teachers' pension fund heretofore cre- 
ated for such district under any former act shall be trans- 
ferred to the board of trustees created under this chapter 
by the board or persons having control thereof. Bene- 
ficiaries under such transferred fund shall receive pensions 
under this chapter. (R. S. Sec. 3897 j.) 



CHAPTER 10. 

NORMAL SCHOOLS. 



Section 

7S97. State normal schools; location. 
7898. Maintenance, control, instruction. 
7399. Local tax to aid such school. 



Section 

7900. Question to be submitted to 

7901. When another election may be held. 



Local tax- 
to aid such 
school 



Section 7897. There are hereby created and estab- state normal 
lished two state normal schools to be located as follows : f cho ° ls '> 
One in connection with the Ohio university, at Athens, and 
one in connection with the Miami university, at Oxford 
(95 v. 45 § r.) 

Section 7898. Boards of trustees of such universities Maintenance 
shall maintain at their respective institutions a normal c °ntroi, 
school which shall be co-ordinate with existing- courses of ' 
instruction, and be maintained in such a state of efficiency 
as to provide proper theoretical and practical training for 
all students desiring to prepare themselves for the work of 
teaching. Such normal schools, in each case shall be under 
the general charge and management of the respective 
boards of trustees of such universities. (95 v. 45 § 2.) 

Section 7899. The trustees of any township in this 
state, in which a normal school is organized and conducted, 
annually may levy a tax, not exceeding two mills on the 
dollar upon all the taxable property of the township for 
the purpose of aiding in the support of such normal school. 
(97 v. 389 § I.) 

Section 7900. Before the tax can be levied, the ques- 
tion of making a levy for such purpose, shall be submitted 
to the qualified electors of the township, at a special or gen- 
eral election to be held therein, due notice of which must 
be given at least twenty days prior to the election, by pub- 
lication in some newspaper of general circulation in the 
township. If a majority of the votes cast at such election 
upon the question of tax levy is in favor of levying a tax, 
then the trustees of the township thereafter annually shall 
make the levy and report it to the county auditor for col- 
lction as other taxes to be paid over, when collected, to the 
duly qualified and acting treasurer of the board of trustees 
of such normal school. (97 v. 389 § 2.) 

Section 7901. At any time after four years from the - 
date of such an election, another election may be petitioned election may 
for and shall be ordered by the trustees of the township, if ' be held " 
the petition be signed by at least forty per cent, of the 
qualified electors of the township. (97 v. 380 § 3.) 

157 



Question to 
be submitted 
to vote. 



When another 



I58 NORMAL SCHOOLS. 

(House Bill No. 44.) 
AN ACT 

To provide for the appointment of a commission to establish two 
normal schools and to provide for the maintenance thereof. 

Be it enacted by the General Assembly of the State of Ohio : 
Section i. That the normal school system of the 
State of Ohio created and established by Chapter Ten of 
the General Code, be extended by the creation and estab- 
lishment of two additional state normal schools, one in 
Northeastern Ohio and one in Northwestern Ohio, to be 
so located as to afford the best opportunity possible for all 
the people to obtain the benefits and advantages to be de- 
rived from teachers trained both theoretically and practi- 
cally. Neither of such schools shall be located in any city 
or village which now has a college located therein. 

Section 2. Within thirty days after the passage of 
this act the Governor shall appoint a commission composed 
of five persons, not more than three of whom shall be from 
any one political party, and no one of whom shall be per- 
sonally or financially interested in any site determined upon 
by said commission. Said appointees shall constitute a com- 
mission with full power and authority to select suitable 
locations, lands, or lands and buildings and secure options 
on the same as said commission may find necessary for the 
establishment of said Normal Schools and upon such terms 
and conditions as said commission may deem to be for the 
best interests of the state and submit a report of their pro- 
ceedings to the Governor for his approval on or before the 
first day of December, 19 10. The members of said com- 
mission shall serve without compensation but shall be paid 
their reasonable and necessary expenses while in the dis- 
charge of their official duties and shall serve until the ap- 
pointment and organization of the boards of trustees, here- 
inafter provided. 

Section 3. As soon thereafter as the General Assem- 
bly shall appropriate a sufficient amount of money for the 
purchase of said sites and the erection of suitable buildings 
thereon, the Governor shall appoint by and with the advice 
and consent of the Senate five competent persons who shall 
constitute a Board of Trustees for the proposed Normal 
School in the Northeastern portion of Ohio and five other 
competent persons who shall constitute a Board of Trus- 
tees for the proposed Normal School in the Northwestern 
portion of Ohio. 

Section 4. Each board of trustees shall organize im- 
mediately after its appointment by the election from its 
members of a president, a secretary and a treasurer. The 
treasurer, before entering upon the discharge of his duties 
shall give bond to the State of Ohio for the faithful per- 
formance of his duties, and the proper accounting for all 
moneys coming into his care. The amount of said bsnd 



NORMAL SCHOOLS. 159 

shall be determined by the trustees, but shall not be for 
a Jess sum than the estimated amount which may come into 
his control at any one time. Said bond shall be approved 
by the Attorney General. 

Before adopting plans for the buildings of said Nor- 
mal Schools each board shall elect a president of known 
ability for the school under its control, who shall have 
advisory power in determining said plans. In planning said 
buildings, ample provisions shall be made for the establish- 
ment of a well equipped department for the preparation of 
teachers in the subject of agriculture. 

The boards of trustees in connection with the presi- 
dents of the Normal Schools shall select "and appoint an 
able and efficient corps of instructors for the said schools, 
provide a suitable course of study for the theoretical and 
practical training of students who desire to prepare them- 
selves for the work of teaching, fix rates of tuition and pro- 
vide proper equipment. 

Said boards shall proceed without unnecessary delay 
to purchase said selected sites, lands and buildings, as the 
case may be, and erect thereon suitable and substantial 
buildings or enlarge, reconstruct and properly repair in a 
suitable and substantial manner such building or buildings, 
if any there be, and complete said buildings as soon as con- 
ditions will permit. And said board of trustees shall do 
any and all things necessary for the proper maintenance 
and successful and continuous operation of said Normal 
Schools and may receive donations of lands and moneys 
for the purposes of said Normal Schools. 

The^ Governor when appointing said board of trustees 
shall designate one member of each board to serve one year, 
one to serve two years, and one to serve three years, one 
to serve four years and one to serve live years and there- 
after one trustee for each board shall be appointed annually 
for five years for the control and management of said Nor- 
mal Schools. They shall serve without compensation other 
than their reasonable and necessary expenses while engaged 
in the discharge of their official duties. Not more than 
three members of each board shall be selected from any 
one political party. 

Section 5. The Governor shall have power to re- 
move for just cause any appointees herein named, when, in 
his judgment, he deems it necessary, and shall fill all vacan- 
cies that may occur. 

Section 6. The said Normal Schools shall be sup- 
ported by such sums and in such manner as the General 
Assembly may from time to time provide. 

GRANVILLE W. MOONEY, 
Speaker of the House of Representatives 
FRANCIS W. TREADWAY. 

President of the Senate. 
Passed May 10, 1910. 
Approved May 19, 1910. 

JUDSON HARMON. Governor. 



CHAPTER 11, 



COLLEGES AND UNIVERSITIES. 



MUNICIPAL UNIVERSITIES, ETC. 

Section 

7902. Powers of board of directors. 

7903. City solicitor to act as attorney. 

7904. When board may confer degrees. 
70 5. University denned. 

7906. Council may provide site for municipal 
university. 
How such grant changed. 

7905. Tax levied. 

7909. When levy to be made. 

7910. Municipal university. 

7911. Issue of bonds. 

7912. Disposal of bonds. 

7913. Power and control vested in directors. 

7914. Duties of trustees of sinking fund. 
791-3. Board of directors of educational institu 

tion may accept educational trusts. 
7916. How trust funds to be applied. 
70] 7. Trusteeship to vest in city, etc. 

7918. Account of receipts and expenditures of 

endowment fund. 

7919. How funds invested. 

7920. Citizens not to be charged for admission 

of children. 
7021. Board of education to have control and 

management of property held in trust 

for educational purposes. 
7922. Tax levy. 

STATE UNIVERSITIES GENERALLY. 

7023. Declaration of policy of state with re- 
spect to Ohio s'ate university, Ohio 
university and Miami university. 

T021. Tax levy for support of Miami univer- 
sity. 

7925. Tax levy for support of Ohio univer- 

sity. 

7926. Tax levy for support of normal school at 

Ohio university. 

7927. Tax levy for support of normal school 

of Miami university. 

7928. How such money shall not be expended. 

7929. Tax levy for support of Ohio state uni- 

versity. 

7930. Tuition. 

7931. Inspection of accounts. 

OHIO UNIVERSITY. 

7932. Providing for sale of university lands. 

7933. Owner to receive deed; form of. 

7934. Validity of such deed. 

7935. Registry of deed, etc., to be kept. 

7936. Proceeds to be deposited in state treas- 

ury, and become irreducible trust fund. 

7937. Levy and collection of state tax upon 

lands donated to Ohio university. 
70 ; Q . Tax in lieu of rents; tax collected from 
railroad companies. 

7939. Appointment of trustees. 

7940. Annual report. 



Section 

7941. Duty of standing committee on colleges 
and universities. 



OHIO STATE UNIVERSITY. 

7942. Appointment of trustees; term, compen- 
sation, etc. 

7043. Style and power of trustees. 

7044. Officers of the board. 
r945. Treasurer. 

7046. Meetings of board. 

7047. Annual report of trustees. 

7048. Board may make rules and regulations. 
7949. Election of president, professors, etc., 

and course of instruction. 
7951 Property, expenses, etc. 
7951. Board may receive devises of land, etc. 
7052. Title of lands to be vested in the state, 

etc. 

7953. Attorney-general to be legal adviser of 

the board. 

7954. Who admitted as pupils, lectures. 

7955. Branches prescribed. 

7956. Duties of board as to cereals, etc. 

7957. Collections of specimens of geology, etc. 

7958. Department of ceramics. 

7959. Special instruction therein. 

7960. Laboratory. 

7961. Expert. 

7962. Establishment of a school of mines. 

7963. Employment and duties of instructors. 
7064. Written analysis of fertilizers. 

7955. State sealer and standards of weights 

and measures. 
7966. Copies of standards for use Of counties. 
7067. Device on county standards. 
7968. Like copies to be furnished to cities and 

villages. 
79fi9. Expenses. 

7970. Inspection of gas and meters. 

7971. Funds from sale of land scrip. 

7072. Investment of interest of "scrip fund." 
7973. County schools. 
7074. Instruction by mail. 



WILFERFORCE UNIVERSITY. 

7075. Normal and industrial department. 

7976. Board of trustees. 

7977. Choosing of trustees by university board. 
797S. Vacancies. 

7979. Names of trustees to be certified to 

governor. 

7980. Meetings of trustees; their expenses. 

7981. Powers and duties of trustees. 

7982. Non-sectarian characier of department. 
"083. Bond of treasurer. 

'i984. Anual report, and estimate of appropri- 
ations. 

7985. Designation of pupils by members of 

general assembly. 

7986. Appropriation-; application of revenues. 



'lirectors. 



MUNICIPAL UNIVERSITIES, ETC. 

Section 7002. As to all matters not herein or other- 
wise provided by law. the hoard of directors of a municipal 
university, college or institution, shall have all the author- 
ity, power and control vested in or belonging to such 
municipal corporation as to the management and control 

UK) 



City solicitor 



COLLEGES AND UNIVERSITIES. 

of the estate, property and funds, given transferrer! 
covenanted, or pledged to such corporation or the trusts 
and purposes relating thereto, and the government con 
duct and control of such university, college or ?nstiu,tion" 
It may appomt a clerk and all agents propi and ^necessary 
for the care and administration of the trust property and 
the collection of the income, rents, and profits thereof an 
point the president, professors, tutors, 'instructor Cents' 
and servants necessary and proper for such univS 
college or institution, and fix their compensation ; provide 
all the necessary buildings, books, apparatus, means and 
appliances, and pass such by-laws, rules and relations 
concerning the president, professors, tutors, insmfctors 
agents, and servants, and the admission, government and 
tuition of students, as it deems wise and proper and bv 
suitable by-laws, delegate and commit the admlsion gov 
ernment. management and control of the student cotus! 
ot .dies, discipline and other internal affairs of uch uni 
verity college or institution, to a faculty which the board 
appoints from among the professors. (R. S. Sec 4099 ) 
Section 7903. When requested so to do by resolution 

ISoS It ? ^7 ° f f" Ch ™" nid P al -'Pot tion S« 
behalf of t 1 de • nd ' 3 f, the Case ma y be ' f °' ^d in '"'^ 

belialt of the corporation, all complaints, suits and con 
trovers.es ,n which the corporation or such boar!, is "party 
and winch relate to any property, funds, trusts rights' 

board 5 ' o'r which affa ' rS " nder the COntroI ^direction of the 
board, or which, in any manner, relate to the conduct or 

S s"c"4099.) SUCh UniVerSity ' C0 " ege or ^titution (R 

Section 7904. The board of directors of such uni- w, , 

thTfa'euhv T ° r " StitlUi0n - ;' POn the -commendatio, of f"? 
the faculty thereof, may confer such degrees and honors *""■ 

State' C Z°:Z y '", miiVer5iH r "V C0 " e ^ s in the uS 
states, and such others as with reference to the course of 

studies and attainments of the graduates in special depart 
ments it deems proper. (R. S. Sec. 4102.) P 

Section 7905. A university supported in whole or in n • •; 
part by mumcpal taxation, is defined as an assemblage of &* 
colleges united, under one organization or management 
affording instruction in the arts, sciences and the feTrned 
professions, and conferring degrees. (R. S. Sec 4,02 ) 

Section 7906. The council of any such municipal 
corporation may set apart, or appropriate as a site for the Coanc / ™? 
buildings and grounds of such a university, coHege or m ti- E^-Ew 
ution, pubhc grounds of the city not especially appror - ""'""'"' 

law to the "'I by ° rdinan , Ce t0 a "- v other " se ' 4 otheV 
education of . ra, " y n0t . W . lth ? tandi "g; and the board of 
n n™= ° h a mumcl P al corporation also, for a like 

Pit pose may set apart, convey or lease for a term of vears 

a R s s"c r 1 bl ' ) l!dlng owned or controlled by such board.' 

1 1 S. T.. 



l6l 



1 62 



COLLEGES AND UNIVERSITIES. 



How such 



gran 
chan 



ged. 



Tax levied. 



When levy 
to he made. 



Municipal uni 
versity 



bonds. 



Disposal of 
bonds. 



Section 7907. Any grant for the use of such 
grounds, or buildings heretofore or hereafter made by any 
council or board of education, may be modified, changed 
or extended as to the time when it shall take effect and be 
in force, or otherwise, by agreement between such council, 
or board of education, and the board of directors of such 
university, college or institution. Such council shall be 
taken and held to be the representative of such municipal 
corporation vested with the title, right of possession and 
entire control of such property for the purposes of a new 
grant. (R. S. Sec. 4103.) 

Section 7908. The council annually may assess and 
levy taxes on all the taxable property of such municipal 
corporation to the amount of five-tenths of one mill on the 
dollar valuation thereof, to be applied by such board to the 
support of such university, college or institution, and also 
levy and assess annually five one-hundredths of one mill 
on the dollar valuation thereof, for the establishment and 
maintenance of an astronomical observatory, or for other 
scientific purposes, to be determined by the board of direct- 
ors and to be used in connection with such university, col- 
lege or institution, the proceeds of which shall be applied 
by the board of directors for such purposes exclusively. But 
such taxes shall only be levied and assessed when the chief 
work of such university, college or institution is the main- 
tenance of courses of instruction, in advance of, or supple- 
mentary to, the instruction authorized to be maintained in 
high schools by boards of education. (R. S. Sec. 4104.) 

Section 7909. Such levies shall be made by the coun- 
cil at the time, and in like manner as other levies for other 
municipal purposes, and must be certified by it and placed 
upon the tax duplicate as other municipal levies. The funds 
of any such university, college or institution shall be paid 
out by the treasurer upon the order of the board of direct- 
ors and the warrant of the auditor. (R. S. Sec. 4104.) 

Section 7910. Any municipal corporation having, a 
university supported in whole or part by municipal taxation, 
may issue bonds for the erection of additional buildings 
or the completion of buildings not completed, for such 
municipal university, and for the equipment thereof, (qq 
v. 133 § 1.) 

Section 7911. Such bonds may.be issued under 
ordinance of the council of such municipality with the ap- 
proval of the mayor, but only upon the receipt of a certified 
resolution from the board of directors of such university 
of the necessity of such issue. The resolution and ordi- 
nance must specify the amount of the issue, the denomin- 
ation of bonds, their rate of interest, their dates, and the 
times of their maturity. (99 v. 133 § 2.) 

Section 79T2. The bonds so issued shall be sold ac- 
cording to the provisions of law for the sale of municipal 



COLLEGES AND UNIVERSITIES. 



:6. T 



bonds, and the proceeds thereof, excepting the premiums 
and accrued interest, shall be placed in the treasury of such 
municipality and be used only for the purpose of erecting 
or completing and equipping such additional buildings as 
may have been specified in the resolution and ordinance 
calling for their issue. (99 v. 133 § 3.) 

Section 7913. Tn the use of such fund for such pur- 
pose, all power and control shall be vested in the board of 
directors of the municipal university. Such board -shall 
make any contracts necessary for the erection or completion 
of the buildings specified, and the equipment thereof ; 
supervise their erection, completion and equipment, and 
issue proper vouchers for the payment out of such fund of 
moneys due under such contracts, and for any other ex- 
penses connected with the erection, completion, and equip- 
ment of such buildings. The amount of premium and ac- 
crued interest arising from the sale of the bonds shall be 
paid into the sinking fund. (99 v. 133 § 3.) 

Section^ 7914. The trustees of the sinking fund of 
any municipality issuing bonds under the above authority, 
annually shall levy a tax sufficient to pay the interest, and 
to provide a sinking fund for the final redemption of the 
bonds at maturity. (99 v. 134 § 4.) 

Sectiox 7915. The board of directors of a university, 
college or other educational institution of any municipal 
corporation, in the name and on behalf of such corporation, 
may accept and take any property or funds heretofore or 
hereafter given to such corporation for the purpose of 
founding, maintaining or aiding a university, college or 
institution for the promotion of education, and upon such 
terms, conditions and trusts consistent with law as such 
board deems expedient and proper for that end. (R. S. 
Sec. 4095.) 

Section 7916. For the further endowment, mainte- 
nance and aid of any such university, college or institution 
heretofore or hereafter founded, the board of directors 
thereof, in the name and in behalf of such municipal cor- 
poration may accept and take as trustee and in trust for 
the purposes aforesaid any estate, property or funds which 
may have been or may be lawfully transferred to the mu- 
nicipal corporation for such use by any person, person^ or 
body corporate having them, or any annuity or endowment 
in the nature of income which may be covenanted or 
pledged to the municipal corporation, towards such use by 
any person, persons or body corporate. Any person, per- 
sons or body corporate having and holding any estate, 
property or funds in trust or applicable for the promotion 
of education, or the advancement of any of the arts or 
sciences, may convey, assign and deliver these to such mu- 
nicipal corporation as trustee in his, their or its place, or 
covenant or pledge its income or any part thereof to it. 
Such estate, property, funds or income shall be held and 



Power and 
control vested 
in directors. 



Unties of 
trustees of 
sinking fund". 



Board of di- 
rectors of 
educational 
institution 
may accept ed- 
uca' iunal 
t 1 usts 



How trust" 
funds to 
be applied. 






164 



COLLEGES AND UNIVERSITIES. 



Trusteeship 1 
vest in city, 
etc. 



Account of 
receipts and 
expenditures 
of endow- 
ment fund. 



How funds 
invested. 



applied by such municipal corporation in trust for_ the 
further endowment, maintenance and aid of such univer- 
sity, college or institution, in accordance nevertheless with 
the 'terms and true intent of any trust or condition upon 
which they originally were given or held. (R. S. Sec. 
4096.) 

Section 7917. Upon Mich transfer and the accept- 
ance thereof the municipal corporation and its successors, 
as trustees shall become and be perpetually obligated and 
held to observe and execute such trust in all respects ac- 
cording to any other or further terms or conditions law- 
fully agreed upon at the time of such transfer and accept- 
ance. Any court having jurisdiction of the appointment of 
trustees of such trust for educational purposes, in a pro- 
ceeding -therefor, duly instituted and had, may, with the 
consent of its council, appoint and constitute such munici- 
pal corporation, trustee of the estate, property and funds 
so transferred to it, and dispense with bond and surety 
upon the part of the municipality for the performance of 
such trust, unless that is required by the original terms or 
conditions thereof, and upon the due transfer and accept- 
ance of such trust shall release and fully discharge the 
trustees so transferring it. Any acceptance or acceptances 
by such municipal corporation of any or all property, funds, 
rights, trust estate or trusts heretofore given, granted, as- 
signed, or otherwise conveyed or transferred to or bestowed 
upon such a municipal corporation or to or upon such a 
university, college or institution in good faith, and which 
are still held and retained by such municipality or such a 
university, college or institution, shall be held and deemed 
to be valid and binding as to all parties. (R. S. Sec. 4097-) 

Section 7918. The accounts of such trust estate, 
property and funds, and of the income and expenditure 
thereof, shall be kept by the auditor of such municipal 
corporation entirely distinct from all other accounts or af- 
fairs of the municipality and the moneys must be kept by 
the treasurer of the municipal corporation distinct from 
other moneys. Such board of directors, at all times, must 
confine their disbursements for current expenses within 
the income of the trust, estate, property and funds, and 
annually shall report to the mayor and council of such 
municipality a full statement of the accounts of adminis- 
tration of such trust and other funds. (R, S. Sec. 4101.) 

Section 7019. Such board may invest any part of 
the funds belonging to, or set apart for the use of such 
university, college or institution, or to any department 
thereof as it, from time to time deems proper, in bonds^of 
the United States or of the state of Ohio, or of any munici- 
pay corporation in this state, or any county or school district 
herein or in any other bonds or first mortgage scunties 
approved by it; and may use any funds under its control 
for the improvement of real estate belonging to, or set apart 



COLLEGES AND UNIVERSITIES. 



165 



for the use of, such university, college or 
0. bee. 4101.) 



institution. (R. 



Citizens not 
to be charged 
for admission 
of children. 



Board oJ 
cation to have 
control and 
management of 

ty held 
in trust for 
educational 
purposes. 



K» ,i 1 ?* 792 °- Cl f Izens of such municipality shall not 
be charged for instruction in the academic department ex- 
cept m professional courses therein. Such board of direct- 
ors may charge fees to students in other departments and 
to students in professional courses in the academic depart- 
ment, and from time to time may make such university 
college or institution free in any or all of its departments 
to citizens of the county in which it is located. The board 

ro tniHn S m l y re - dve °' her Students on s "ch terms as 
to tuition or otherwise as they see fit. (R. S. Sec. 4100.) 

ktrJnn T T 7921 ' , T n 6 custoc| y> management and admim 
istiation of any and all estates or funds, given or trans- 

l%lt; m T t0 an y ™unicipality for the promotion of 
education, and accepted by the council thereof, and any in- 
stitution for the promotion of education heretofore or here- 
in/ ?"uu d other . than a "diversity as defined in this 
chapter, shall be committed to, and exercised by, the board 

nflitv £° 1 °k th 5 S f° } district including such munici- 
pality. Such board of education shall be held the repre- 
. sentative and trustee of such municipality in the manage- 
ment and control of such estates and funds so held in trust 
and in the administration of such institution, excepting 
always funds and estates held by any municipality which 
are used to maintain a university as heretofore defined 
(K. b. Sec. 4105.) 

hnnrfTT ^ ■ F °? P? UStS a " d Purposes of Such T , 

board of education ,n administering such trusts, the council y 

of such municipality annually may levy taxes on all the 
taxable property of such municipal corporation to the 

thereof °\lT^ hS J 5 .r mm °" the d0 " ar Va!Uati ° n 



STATE UNIVERSITIES GENERALLY. 

this ^?, 10N Z 9 P- . Inasm "ch as it is deemed desirable for 
this state to determine its policy in regard to the sunnort 

i°t adnnt tUtI T i° f ^ »«"**• a "d further desirabKa 

ancl cnl U 1S " 1Ct ,," d fixed P °' icy in re ^ ard to universities 
and colleges for all time to come so that the policy of the 

state with reference to the Ohio State university, the Miami 

university and the Ohio university shall be determined IZ 

umt- it ^ ^ t0 f the 6nd that the State ma - v b « iId UP one 
un ™ ! - W ° r , thy , ° f '*• , aS now be ? un at th e Ohio State 
university, and also to fix such a policv as will provide 
support for the Miami and Ohio universities as TcollegeTo? 
liberal arts but not to include technical or graduate instruc- 
tion aside from the usual graduate work for the degree of 
master of arts, and to determine definitely for all time that 
the Miami university and the Ohio university shall be no 
greater charge on the state so far as university purposes 



Declaration of 

policy of state 
with respect 
to Ohio state 
university, 
Ohio univer 
i f y and 
Miami uni- 
versity. 



l& 



COLLEGES AND UNIVERSITIES. 



Tax levy for 
support of 
Miami univer 
■sity. 



Tax levy for 
support of 
Ohio univer- 
sity. 



Tax levy for 
Mipport of 
normal school 
at Ohio uni- 
versity. 



are concerned than herein provided for; therefore this sub- 
division of this chapter is passed to set forth the policy, to- 
with : That in the future no representative of the Miami 
university or of the Ohio university or of the Ohio State 
university shall violate or attempt to violate this policy 
herein encated into law as a policy for the support of 
higher education and as a guide for future general assem- 
blies of the state of Ohio. (98 v. 309 § I.) 

Section 7924. For the purpose of affording support 
to the Miami university, there shall be levied annually a 
tax on the grand list of the taxable property of the state, 
which tax shall be collected in the same manner as other 
state taxes and the proceeds of which shall constitute "the 
Miami university fund.'' The rate of such levy shall be 
two and one-half one-hundredths of one mill upon each 
dollar of valuation of such property. The sum raised by 
such levy, or its equivalent in money in case the levy is 
abolished, shall be the sum total received either from the 
proceeds of the levy or from appropriations for the support 
of the college of liberal arts, and shall be used only for the 
purposes set forth in the next preceding section. This levy 
shall not hereafter be increased. But this shall not prevent 
such appropriations from time to time as may be necessary 
for apparatus for university purposes, exclusive of build- 
ings. (98 v. 310 § 2.) 

Section 7925. For the purpose of affording support 
to the Ohio university, there shall be levied annually a tax 
on the grand list of the taxable property of the state which 
shall be collected in the same manner as other state taxes 
and the proceeds of which shall constitute "the Ohio uni- 
versity fund." The rate of such levy shall be two and one- 
half one-hundredths of one mill upon each dollar of valua- 
tion of such taxable property. The sum raised by means 
of such levy, or its equivalent in money, in case the levy 
is abolished, shall be the sum total received either from the 
proceeds of the levy or from appropriations for the support 
of the college of liberal arts, and shall be used only for the 
purposes set forth in section seventy-nine hundred and 
twentv-three. This levy shall not hereafter be increased. 
But this shall not prevent such appropriations from time to 
time as may be necessary for apparatus for university pur- 
poses, exclusive of buildings. (98 v. 310 § 3.) 

Section 7026. For the purpose of affording support 
to the state normal school or college, in connection with the 
Ohio university, there shall be levied annually a tax on the 
grand list of the taxable property of the state, which shall 
be collected in the same manner as other state taxes and 
the proceeds of which shall constitute "the Ohio normal 
school fund." The rate of smch levy shall be one and one- 
half one-hundredths of one mill upon each dollar of valua- 
tion of such taxable property, unless otherwise designated 
by the general assembly. Nothing in this section shall pre- 



COLLEGES AND UNIVERSITIES. 



167 



university, 



vent such normal school from securing such additional ap- 
propriations as the general assembly sees fit to make from 
time to time for the support and equipment of the school. 
(98 v. 310 § 4.) 

Section 7927. For the purpose of affording support Tax levy for 
to the state normal school or college, in connection with the support of 
Miami university, there shall be levied annually a tax on the at .Miami 
grand list of the taxable property of the state, which shall 
be collected in the same manner as other state taxes and 
the proceeds of which shall constitute "the Miami normal 
school fund." The rate of such levy shall be one one- 
hundredths of one mill upon each dollar of valuation of 
such taxable property, unless otherwise designated by the 
general assembly. Nothing in this section shall prevent 
such normal school from securing such additional appro- 
priations as the general assembly sees fit to make from time 
to time for the support and equipment of the school. (98 
v. 3" § 5-) 









Section 7928. No moneys derived under the levies 



How such 



provided for in this subdivision of this chapter shall be ex- mo , n t y sha11 

111 n/r- • • /~\i • • • not ° e ex " 

pended by the Miami university or by the Ohio university pended. 
for maintaining or giving instructions in any courses of 
study other than in liberal arts in the normal school or 
college branches. (98 v. 311 § 6.) 

Section 7929. For the purpose of affording free the Tax levy for 
advantages to the youth of the state of a higher, technical, QhK^state* 
liberal, professional, agricultural, graduate and industrial university. 
education, including manual training, there shall be levied 
annually a tax on the grand list of the taxable property of 
the state, which shall be collected in the same manner as 
other state taxes and the proceeds of which shall consti- 
tute, "the Ohio State university fund." There shall be 
levied annally for that purpose sixteen one-hund xdths of 
one mill upon each dollar of valuation of such taxable prop- 
erty, or its equivalent in money should such levy be 
abolished. Nothing herein shall prevent the Ohio State 
university from securing any appropriations that the gen- 
eral assembly sees fit to grant for the purposes herein set 
forth. The Ohio State university never shall maintain a 
normal school, but may establish a teacher's college or pro- 
fessional grade. Nothing in this section shall prevent the 
board of trustees from charging incidental expense fees 
and also reasonable tuition fees for professional education. 
(98 v. 311 § 7-) 

Section 7030. No provision of this sub-division of Tuition. 
this chapter shall prevent the boards of trustees of the Ohio 
State university, the Miami university, the Ohio university 
or the State Normal school at the Ohio university or at the 
Miami university from charging reasonable tuition for the 
attendance of pupils of either of such institutions from 
students who are non-residents of the state of Ohio. (98 
v. 312 § 8.) 



1 68 



GES AND UNIVERSITIES 



:ion 
of accounts. 



Section 7931. The expenditure of all moneys under 
the provisions of this sub-division of this chapter or for the 
purposes of carrying them out, raised or secured from any 
source whatsoever, shall be subject to the inspection of the 
state bureau of public accounting, the cost thereof to be 
paid by the university or college inspected at the cost as 
provided by law. (98 v 312 § 9.) 



Providing for 
sale of uni- 
versity lands. 



Owner to re- 
ceive deed; 
form of. 



Validity of 
such deed. 



' ry of 

deed, etc., 
to be kept. 



Proceeds to 

e treas- 
ury, and be- 
come irre- 
ducible trust 
fund. 



OHIO university. 

Section 7932. The owners of lands or town lots held 
under leases from the president and trustees of the Ohio 
university, or held under sale-leases or assignments by or 
under the original lessees, may pay to the treasurer of the 
university, such sum of money, as, placed at interest at six 
per cent, will yield the amount of rent reserved in the origi- 
nal lease, or in case of a division of the original tract or 
parcel leased, will equal the proper aliquot part thereof, 
or the part agreed upon by the several owners. But a per- 
son so surrendering and releasing to such corporation must 
pay the necessary expenses incident to such change of 
tenure, and procure the services of an agent to perform the 
necessary labor thereof. Upon payment of such sum and 
of all rents due upon the land, on demand of such owner, 
the treasurer shall give him a certificate of such payment. 
(80 v. 193 § 1.) 

Section 7933. Upon such payment, such owner shall 
be entitled to receive a deed of conveyance for such land 
by him owned, to be signed by the president of such cor- 
poration, countersigned by its secretary, and sealed with 
the corporate seal of the university, conveying the premises 
in fee simple to him, or such owner at his option, may 
demand and receive a certificate as aforesaid. The gov- 
ernor of" Ohio, upon presentation thereof, shall execute and 
deliver to such owner, a deed conveying the premises in 
fee simple to him. (80 v. 194 § 2.) 

Section 7934. Either of such deeds, so made, shall 
have the effect in law and in fact to vest in the grantee an 
absolute estate in fee simple in the premises, subject, how- 
ever, to all liens, equities, or rights of third persons in, to 
or upon the premises. (80 y. 194 § 3.) 

Section 7035. Such secretary shall keep an accu- 
rate registry of all such payments, certificates and deeds, 
with an accurate description of the tract or lot of land so 
paid for or deeded. Thereafter, the land so deeded shall 
be subject to taxation in like manner as other freehold 
estates in such county. The original leases therefor, in so 
far as regards the land so deeded, shall cease to have force 
or effect. (80 v. 104 § 4.) 

Section 7036. The treasurer of the Ohio university. 
on or before the first day of January, next, after such re- 
ceipt of money, must deposit it in the state treasury upon 
the certificate of the state auditor. The sums so deposited 



COLLEGES AND UNIVERSITIES. 

shall be added to the irreducible trust funds held by the 
state for educational purposes, and interest thereon be paid 
semi-annually to the treasurer of such university, upon the 
requisition of the state auditor. (80 v. 194 § 5.) 

Section 7937. A state tax or a tax equal to the state 
tax upon like property, shall be levied and collected upon 
all lands donated to the Ohio university, situated at Athens, 
Ohio, and held by lease from it or by deed from the gov- 
ernor of the university, including such parts of such lands 
as are or may be owned, occupied or used by railroad com- 
panies as road-beds, road-ways, station-houses, or for other 
purposes. Such taxes, when collected, shall be paid by the 
treasurer of Athens county, upon the warrant of the 
auditor of the county, to the treasurer of the Ohio univer- 
sity, for its use. (82 v. 115 § 1.) 

Section 7938. The tax so collected upon lands so 
held by lease, shall be in lieu of so much of the rents due 
to the university. The tax so collected from railroad com- 
panies, and paid to the university, shall not include the tax 
upon rolling stock. (82 v. 115 § 2.) 



169 



Levy and col- 

M Of 

state tax upon 
donated 
to Ohio uni- 
versity. 



Tax in lieu 
of rents; tax 
collected from 
railroad com- 
panies. 



MIAMI UNIVERSITY. 

Section 7939. The government of Miami university 
shall be vested in twenty-seven trustees, to be appointed 
by the governor by and with the advice and consent of the 
senate. Nine trustees shall be appointed every third year, 
for a term of nine years, beginning on the "first day of 
March in the year of their appointment. Vacancies in the 
board of trustees shall be filled for the unexpired term in 
the same manner. (66 v. 73 § 1.) 

Section 7040. The board of trustees, annually, shall 
make a full and accurate report to the governor, on or be- 
fore the fifteenth day of November, of all receipts and dis- 
bursements of the preceding year, the number of students 
in attendance, studies taught, and such other matters con- 
nected with the institution as the board deems important. 
Such report shall be transmitted by the governor to the 
legislature. (66 v. y^ § 2.) 

Section 7941. The standing committee on colleges 
and universities of eacli legislature, shall examine into the 
condition of Miami university, and report to the legislature 
such matters as it deems important to the interests of the ; 
university. (66 v. y^ § 3.) 



^ppoil: I 

f trus 



Annual 
] >o rt . 



g COM 

lieges 

s. 



OHIO STATE UNIVERSITY. 

Section 7942. The government of the Ohio state 
university shall be vested in a board of seven trustees, wh< 1 
shall be appointed by the governor, with the advice and 
consent of the senate. One trustee shall be appointed each 
year for a term of seven years from the fourteenth day of 



Appointment 

of trustees; 
term, compen- 
etc. 



I/O 



COLLEGES AND UNIVERSITIES. 



Style and 
power of 

trustees. 



Officers of 
the board. 



Treasurei 



Meetings of 
"hoard. 



Annual re- 
port of 
Trustees. 



May of such year, and serve until his successor is appointed 
and qualified. A vacancy in the office of trustee shall be 
filled by an appointment to be made in the same manner as 
an original appointment, but only for the unexpired term. 
The trustees shall not receive compensation for their serv- 
ices, but shall be paid their reasonable necessary expenses 
while engaged in the discharge of their official duties. (75 
v. 126 §§ 2, 3.) 

Section 7943. The trustees and their successors in 
office shall be styled the "board of trustees of the Ohio 
state university," with the right as such, of suing and be- 
ing sued, of contracting and being contracted with, of mak- 
ing and using a common seal, and altering it at pleasure. 
(67 v. 21 § 4.) 

Section 7944. The board of trustees annually shall 
elect one of their number chairman, and in the absence of 
the chairman elect one of their number temporary chair- 
man. It also may appoint a secretary, treasurer, and 
librarian, and such other officers as the interests of the 
college require, who may be members of the board. Such 
appointees shall hold their offices for such term as the board 
may fix, subject to removal by it, and receive such com- 
pensation as the board prescribes. (67 v. 21 § 9.) 

Section 7945. Before entering upon the duties of his 
office the treasurer shall give bond to the state in such sum 
as the board of trustees determines, but not for a less sum 
than the probable amount that will be under his control in 
any one year, conditioned for the faithful discharge of his 
duties and the payment of all moneys coming into his 
hands, the bond to be approved by the attorney-general of 
the state. (67 v. 21 § 9.) 

Section 7946. Meetings of the board of trustees 
shall be called in such manner, and at such times as the 
board prescribes. The board shall meet at least three times 
annually, and at such other times as may be necessary for 
the best interest of the university. A majority of the board 
present at any meeting shall constitute a quorum to do busi- 
ness ; but a majority of all the board shall he necessary to 
elect or remove a president or professor. (75 v. 126 § 6.) 

Section 7947. On or before the first day of October 
of each year the board of trustees shall cause a report to 
be made to the governor of the condition of the university; 
the amount of receipts and disbursements, and for what 
the disbursements were made ; the number of professors, 
officers, teachers, and other employes and the position and 
compensation of each, the number of students in the sev- 
eral departments and classes, and the course of instruction 
pursued in each; also an estimate of the expenses for the 
ensuing year; a statement showing the progress of the uni- 
versity, recording any improvements and experiments made, 
with their costs, and the results, and such other matters as 



COLLEGES AND UNIVERSITIES. 



171 



are useful. Such annual report shall be for the year end- 
ing June thirtieth next preceding. Five thousand copies 
thereof shall be printed under the law as to printing the 
journals and other documents of the general assembly, to 
be distributed by the trustees in such manner as they deem 
for the best interest of the university. The president 
thereof shall transmit by mail one copy respectively to the 
secretary of the interior, the secretary of agriculture, and 
to each of the colleges which are, or may he endowed 
under the provisions of the act of congress of July 2nd, 
186?. (90 v. 292 § 7.) 

Section 7948. The board of trustees may adopt by- 
laws, rules and regulations for the government of the uni- 
versity. (67 v. 21 § 5.) 

Section 7940. The board of trustees shall elect, and 
fix the compensation of and remove, the president and such 
number of professors, teachers and other employes as may 
be deemed necessary ; but no trustee, or his relation by 
blood or marriage, shall be eligible to a professorship or 
position in the university, the compensation for which is 
payable out of the state treasury or a university fund. The 
board shall fix and regulate the course of instruction and 
prescribe the extent and character of experiments to be 
made at the university. (67 v. 21 § 5; 75 v. 126 § 2 ; 99 
v. 602 § 9.) 

Section 7950. The board of trustees shall have gen- 
eral supervision of all lands, buildings, and other property 
belonging to the university, and the control of all expenses 
therefor, but shall not contract a debt not previously 
authorized by the general assembly of the state. (6j v. 

2T § 8.) 



Board may 
make rules 
and regula- 
tions. 



Election of 
president, pro- 
fessors, etc., 
and course of 
instruction. 



Property, ex- 
penses, etc. 



Section 7951. The board of trustees may receive, 
and hold in trust, for the use and benefit of the university, 
any grant or devise of land, and donation or bequest of 
money or other personal property, to be aonlied to the gen- 
eral or special use of the university. All donations or be- 
quests of money shall be paid to the state treasurer, and 
invested in like manner as the endowment fund of the 
university, unless otherwise directed in the donation or be- 
quest. (67 v. 22 § 11.) 

Section 79S2. The title for all lands for the use of 
the university shall be made in fee simple to the state of 
Ohio, with covenants of seizin and warranty, and no title 
shall be taken to the state for the purposes aforesaid until 
the attorney-general is satisfied that it is free from all de- 
fects and incumbrances. (67 v. 22 § 13.) 

Section 70^- The attorney-general of the state shall 
be the legal adviser of such board of trustees. He shall 
institute and prosecute all suits in their behalf and receive 
like compensation therefor as he is entitled to by law for 



Board may re- 
ceive devises 
of land, etc. 



Title of lands 
to be vested 
in the state, 
etc. 



Attorney-gen- 
eral to be 
legal adviser 
of the board. 



I72 COLLEGES AND UNIVERSITIES. 

suits brought in behalf of the asylums of the state. (67 
v. 22 § 15.) 

who admitted Section 7954- The university shall be open to all 

f e s ct ures ls; persons over fourteen years of age, subject to such rules, 
regulations and limitations, as to numbers from the several 
counties of the state, as is prescribed by the board of trus- 
tees. But each county shall be entitled to its just proportion, 
according to its population. The board may provide for 
courses of lectures, either at the seat of the university or 
elsewhere in the state, which shall be free to all. (67 v. 
20 § 7O 



Branches 
prescribed. 



Duties of 



Section 7055. The board of trustees, in connection 
with the faculty of the university shall provide for the 
teaching of such branches of learning as are related to 
agriculture and the mechanic arts, mines and mine engi- 
neering, and military tactics, and such other scientific and 
classic studies as the resources of the fund will permit. 
(77 v. 227 § 10.) 

Section 7956. The board of trustees shall collect, or 
board as to cause to be collected, specimens of the various cereals, 

cereals etc 

fruits, and other vegetable products, and have experiments 
made in their reproduction upon the lands of the university, 
and make report thereof from year to year, together with 
such other facts as tend to advance the interests of agri- 
culture. (75 v. 126 § 4.) 

Collections of Section 7957- The board of trustees shall secure and 

geoiogy nS et° f keep in the university a collection of specimens in min- 
eralogy, geology, zoology, botany, and other specimens per- 
taining to natural history and the sciences. The president 
of the university shall collect and deposit therein in the 
manner directed by the trustees, a full and complete set of 
specimens as collected by him and his assistants, together 
with a brief description of the character thereof, and where 
obtained. Such specimens shall be properly classified and 
kept for the benefit of the university. ( y~ ? v 126 § 5. | 



Department of 



Section 7958. The board of trustees of the univer- 
ceramics. sity shall establish therein a department of ceramics, equip- 

ped and designed for the technical education of clay, cement 
and glassworkers, in all branches of the art which exist in 
this state, or which profitably can be introduced and main- 
tained herein from the mineral resources thereof, includ- 
ing the manufacture of earthenwares, stonewares, yellow- 
wares, whitewares, china, "porcelain and ornamental pot- 
ter)-, the manufacture of sewer-pipe, fire-proofing, terra- 
cotta, sanitary clayw^ares, electric conduits and specialties. 
fire-bricks and all refractory materials, glazed and enameled 
bricks, pressed bricks, vitrified paving material as well as 
the most economic methods in the production of the coarser 
forms of bricks used for building purposes: and the manu- 
facture of tiles used for paving, flooring, decorative wall- 



Sp chl in- 
line rein. 



Laboratory. 



COLLEGES AND UNIVERSITIES. 

paneling, roofing and draining purposes; also the manufac- 
ture of cement, concrete, artificial stone and all kinds of 
glass products and all other clay industries represented in 
this state. (91 v. 164 § 1.) 

Section 7959. Such department shall offer special 
instruction to clay-workers on the origin, composition, 
properties and testing of clays, the selection of materials 
for different purposes, the mechanical and chemical prepa- 
ration of clays, the laws of burning clays, the theory and 
practice of the formation of clay bodies, slips and glazes, 
and the laws which control the formation and fusion of 
silicates, (gi y. 164 § 2.) 

Section 7960. Such department shall be provided 
with an efficient laboratory designed especially for the prac- 
tical instruction of clay-workers in the list of subjects 
enumerated in section seventy-nine hundred and fifty-eight, 
and also be equipped to investigate into the various troubles 
and defects incident to every form of clay working, which 
can not be understood or avoided except bv use of such 
scientific investigation. Such laboratory shall be equipped 
with apparatus for chemical analysis, with furnaces and 
kilns for pyrometric and practical trials, with such machin- 
ery for the grinding, washing and preparation of clays for 
manufacture, as is consistent with the character of the de- 
partment. (91 v. 164 § 3.) 

Section 7961. To conduct this department of cera- 
mics, the board of trustees shall employ a competent ex- 
pert, who shall unite with the necessarv education and 
scientific acquirements, a thorough practical- knowledge of 
clay-working, and not less than two years' actual experi- 
ence in some branch of the art. He shall teach the theo- 
retical part of the subject, conduct the laboratory for the 
instruction of students, prosecute such scientific investiga- 
tions into the technology of the various clay industries as 
may be practicable, and from time to time publish the re- 
sults of his investigations in such form that they will be 
accessible to the clay-workers of the state for the" advance- 
ment of the art. ('91 y. 164 § 4.) 

_ Section 7962. The board of trustees, of the univer- Establishment 
sity are required to establish therein, a school of mines and ( 
mine engineering, in which shall be provided the means for 
scientifically and experimentally studying the survey, open- 
ing, ventilation, care and working of mines. Such school 
shall be provided with a collection of drawings, illustrating 
the manner of opening, working, and ventilating mines; 
with the necessary instruments for surveying, measuring 
air, examining and testing the noxious and 'poisonous gases 
of mines, and with models of the most improved machinery 
for ventilating and operating all the various kinds of mines 
with safetv to the lives and health of those engaged therein. 
Such school also shall be provided with complete mining 



173 



Expert. 



of mines. 



174 



COLLEGES AND UNIVERSITIES. 



Employment 
and duties of 
instructors. 



Written analy- 
sis of fertil- 
izers. 



Stale sealer 
and standards 
of weights 
and measures. 



Copies of 
standards for 

use of 
counties. 



laboratories for the analysis of coals, ores, fire-clays and 
other minerals, and with all the necessary apparatus for 
testing the various coals, ores, fire-clays, oils, gases, and 
other minerals. (85 v. 155 § 1.) 

Section 7963. The board of trustees shall employ 
competent persons to give instruction in the most improved 
and successful methods of opening, operating, surveying 
and inspecting mines, including the methods and machinery 
employed for extracting coal, ore, fire-clay, oil, gas and 
other minerals from the pit's mouth and for facilitating 
the ascent and descent of workmen, the draining and free- 
ing of mines from water, the causes of the vitiation of air, 
the quantities of fresh air required under the various cir- 
cumstances, natural ventilation, mechanical ventilation by 
flues and fans, and other ventilating machinery, the use of 
air-engines, air compressors and coal cutting machinery ; 
also instruction in the various uses of coals, ores, fire-clays, 
oils, gases and other minerals, and the methods of testing, 
analvzing and assaying such minerals ; and the methods 
employed in metallurgical and other processes in the re- 
duction of ores and in determining the qualities of metals, 
particularly iron and steel, as shown by practical and labor- 
atory tests. There also shall be kept in a cabinet properly 
arranged for ready reference and examination, suitably con- 
nected with such school of mines, samples of the specimens 
from the various mines in the state, which may be sent for 
analysis, together with the names of the mines and their 
localities in the counties from which they were sent, with 
the analysis and a statement of their properties attached. 
Such person shall also furnish an analysis of all minerals 
found in the state and sent to him for that purpose by resi- 
dents thereof. (85 v. 155 § 2.) 

Section 7964. The professor occupying the chair in 
the chemical and mechanical department of the university, 
upon application, shall make and give a written analvsis of 
artificial fertilizers furnished to him for that purpose. (75 
v. 91 § 2.) 

Sectiox 7965. The professor of physics of the uni- 
versity shall be ex-officio state sealer.* The standards of 
weights and measures adopted by the state shall be de- 
posited in a suitable room at the university, and be by him 
kept in suitable cases, to be opened only for the purpose 
of comparing with such standards the copies which by law 
are furnished for the use of the several counties, unless by 
a joint resolution of the general assembly, or upon a call 
of either house for information, or by order of the gov- 
ernor for scientific purposes. (R. S. Sec. 142.) 

Section 7966. Copies of the original standards of the 
following materials, shall be procured by the state sealer 
for the use of each conntv in this state, not alreadv fur- 



* Under an act passed May 10, 1910, the state dairy and food commis- 
sioner is made state sealer. 



Device on 



COLLEGES AND UNIVERSITIES. 

nished, in pursuance of law, and be delivered by him to the 
au litor thereof. One-half bushel measure, of one-eighth 
inch copper, with brass rim; one galbn measure, of one- 
sixteenth inch copper, with brass rim and handle; one-half 
gallon, one quart, one pint, and one-half pint measure, to 
be made in the same manner and of the same material; 
fifty, twenty-five, twenty, ten, five, four, three, two and one 
pound weights, avoirdupois, to be made of castiron, turned, 
polished, and trimmed; and one-half pound, one quarter 
pound, two ounce, one ounce, half ounce, and quarter ounce 
weights, troy, to be made of br&ss ; one brass yard measure, 
graduated into feet, inches and tenths. (R. S. Sec. 143.) 

Section 7967. The state sealer shall cause to be im- , 
pressed on each of the copies, so to be delivered to the coun [- v 
counties, the letter a O," and such other device for each standards ' 
county as he directs before its deposit in the county audi- 
tor's office. Such device shall be recorded in the state 
sealer's office, and a copy thereof furnished to the auditor 
of the proper county. (R. S. Sec. 144.) 

m Section 7968. The state sealer shall furnish like 
copies of the original standards to the sealer of any city or 
village upon application therefor, and payment of the cost 
thereof, by such city or village. (R. S. Sec. 145.) 

Section 7969. The state sealer shall render accounts 
to the auditor of state of all moneys by him paid or liabili- 
ties incurred in procuring and delivering copies of the 
standards to the counties; and the auditor shall audit such 
accounts and draw his warrants on the state treasurer for 
the amounts he finds due, which must be paid by the treas- 
urer out of any moneys to the credit of the general revenue 
fund. (R. S. Sec. 146.) 

Section 7070. The state sealer of weights and meas- 
ures shall have charge of all the apparatus and property, 
belonging to the state, intended for the inspection of illu- 
minating gas and gas meters, and the testing of the registra- 
tion of meter-provers; he shall test the registration of all 
meter-provers that may be presented to him for that pur- 
pose, and stamp and seal all such meter-provers, so tested, 
that are found correct. For testing the registration of gas 
meter-provers. to be paid by the persons requiring such 
service, he shall be allowed the sum of five dollars for each 
meter-prover tested. (R. S. Sec. 147.) „ 

Section 7971. All funds derived from the sale of Funds from 
land scrip issued to this state by the United States, in pur- sal <: of lan ^ 
suance of any act of congress^ together with the interest 
accumulated thereon, shall constitute a part of the irre- 
ducible debt of the state, the interest upon which, as pro- 
vided by law shall be paid to the university by the auditor 
of state, upon the requisition of the commissioners of the 
sinking fund, issued on the certificate of the secretarv of 
the board of trustees, that it has been appropriate 1 by such 



75 



Like copies 
to be fur- 
nished to 
cities and 
villages. 



Exp nses. 



[nspection of 
ga s and 

meters. 



i/6 



COLLEGES AND UNIVERSITIES. 



ment of 

interest of 
"scrip fund." 



schools. 



iction 
ail. 



trustees to the endowment, support, and maintenance of 
the university, as provided in such act of congress. (75 
v 126 § 8.) 

Section 7972. On the first days of January and July 
in each year, the auditor of state shall invest the interest 
arising from the "agricultural college scrip fund" in the 
same manner in which the principal thereof is invested. 
< 67 v. 16 § 2.) 

Section 7973. The College of Agriculture and Do- 
mestic Science of the university shall arrange for the ex- 
tension of its teachings throughout the state, and hold 
schools in which instructions shall be given in soil fertility, 
stock raising, crop production, dairying, horticulture, 
domestic science and kindred subjects. No such school 
shall exceed one week in length, and not more than one be 
held in any county during a year. (100 v. 11 § I.) 

Section 7974. In addition to the holding of such 
schools, such college shall give instruction and demonstra- 
tions in various lines of agriculture, at agricultural fairs, 
institutes, granges, clubs, or in connection with any other 
organizations, that, in its judgment, may be useful in ex- 
tending agricultural. knowledge. The work in agricultural 
extension may also include instruction by mail and the 
publication of bulletins designed to carry the benefits of its 
teachings to communities remote from the college. (100 v. 

11 §2.) 

WILBERFORCE UNIVERSITY. 



Xormal and 

industrial 

department. 



Board of 
trustees. 



-.ng of 
-, ' ' y 
univei 



Section 7975. A combined normal and industrial 
department shall be established and maintained at Wilber- 
force university, in Greene county, Ohio. (84 v. 127 § 1.) 

Section 7976. The government of such department 
shall be vested in a board of nine trustees to be known as 
"the board of trustees of the combined normal and indus- 
trial department of Wilberforce university." Five mem- 
bers of such board shall be appointed by the governor, by 
and with the consent of the senate, and three members 
thereof shall be chosen by the board of trustees of the uni- 
versity. The president of the university shall be ex-ofncio 
a member of the board. The governor shall appoint one 
member of such board each, year, who shall serve five years, 
and whose term shall* begin upon the first day of July in 
such year. Such appointment shall be made during the 
session of the senate next preceding the beginning of such 
term. (92 v 275 § 2.) 

Section 7077. One member of the board shall be 
chosen by the board of trustees of the university at a regu- 
lar meeting in each year, and shall hold office for the term' 
of three years from the thirtieth dav of Tune in such year. 
(80 v. 368 § 3.) 



COLLEGES AND UNIVERSITIES. 



177 



Section 7978. In case a vacancy in that portion of Vacancies, 
the board appointed by the governor or chosen by the uni- 
versity board occurs from death, resignation, or other cause, 
the appointment or selection to fill such vacancy shall be 
made in the one case by the governor, and in the other by 
the executive board of the university for the unexpired 
term. (84 v. 127 § 4.) 

Section 7979. Forthwith upon a choice by the uni- Names of 
versity board of a trustee, the secretary of the university trUfit ? ei * t0 be 

1 11 " >• c , ,1 1 1 • • , certified to 

shall certify to the governor, under the university seal; the governor. 
name of the persons so chosen as trustees, and shall also in 
a like manner certify the name of the person chosen by the 
executive board at any time to fill a vacancy. (84 v. 127 
§ 50 

Section 7980. The board of trustees so created shall Meetings of 
meet in regular session at the university twice a year. The e^SnSs the " 
first meeting shall be on the third Thursday in June, and 
the second on the first Thursday in November of each year. 
Other meetings may be held at such places and times as a 
majority of the board determines. The trustees shall re- 
ceive no compensation, but shall be reimbursed their travel- 
ing and- other reasonable and necessary expenses out of ap- 
propriations under this sub-division of this chapter. (89 
v. 368 § 6.) 

Section 7981. The board of trustees shall take, keep 
and maintain exclusive authority, directions, supervision and 
control over the operations and conduct of such normal 
and industrial department, so as to assure for it the best 
attainable results with the aid secured to it from the state. 
The board shall determine the branches of industry to be 
pursued, purchase through a suitable and disinterested 
agent, the necessary means and appliances, select a superin- 
tendent for the industrial branch of the department, fix 
his salary and prescribe his duties and authority. The ex- 
penditures of all moneys appropriated for carrying out the 
purposes and provisions of this subdivision of this chapter, 
shall be made only under such regulations and for such 
specific purposes not therein provided for, as the board of 
trustees of such department establish. Xo money appro- 
priated by the state shall be vised for any purpose not in 
direct furtherance and promotion of the objects of the de- 
partment. (84 v. 127 § 7.) 

Section 7982. .No sectarian influence, direction or 
interference in the management or conduct of the afifairs 
or education of such department shall be permitted by its 
board; but its benefits shall be open to all applicants of 
good moral character and within the limitations of age 
determined by the board. (84 v. 127 § 8.) 

Section 7983. The treasurer of such department Bond of 
shall give to the state a bond to be approved by the attor- treasurer - 
12 s. r,. 



Powei • 

- of 



Non si 1 
charad 
department. 



yg COLLEGES AND UNIVERSITIES. 

ney-general in the sum of twenty-thousand dollars con- 
ditioned that he shall faithfully discharge his duties and 
account for any money coming into his hands from the 
state. (92 v. 275 § 9.) 

Annual report, Section 7984. Annually, on or before the first day of 

and estimate December the board of trustees shall cause their report to 
tions. be made to the governor of the condition, progress and re- 

sults of such department, with an estimate of what appro- 
priation shall be required to secure the objects of this sub- 
division of this chapter. (84 v. 127 § 10.) 

Designation of Section 7985. Each senator and representative of the 

pupils by general assembly of the state may designate one or more 
gTn^raPas youth resident of his district who shall be entitled to attend 
sembiy. SUQ ^ norma i an( | industrial department free of tuition. 

(92 v. 275 § 11.) 

Appropria- Section 7986. For the purpose of carrying out the 

tion S of aP rev- ca " provisions of this subdivision of this chapter, there shall 
enues. be levied annually a tax on the grand list of taxable prop- 

erty of the state, which shall be collected in a like manner 
as other state taxes, and the proceeds of which will con- 
stitute, "the fund of the combined normal and industrial 
department at Wilberforce university." The rate of such 
levy shall be designated by the general assembly at least 
once in two years. If it fails to designate the rate for any 
year, for the fund of the "combined normal and industrial 
department of Wilberforce university" such levy shall be 
one hundredth of one mill upon each dollar valuation of 
such taxable property. This shall be paid to the treasurer 
of the normal and industrial department at Wilberforce 
university in accordance with the provisions hereof. All 
revenue arising from tuitions, sales of products or other- 
wise under the aforesaid department shall be applied by its 
board of trustees to defray its expenses, or to increase its 
efficiency, a strict account of which shall be kept by the 
department board, and accompany the report to the gov- 
ernor. (94 v. 598 § 12.) 



CHAPTER 12. 



SCHOOLS SPECIALLY ENDOWED. 



Section 

7987. Trustees for schools specially endowed. 

7988. Organization of board; oath and bond. 

7989. Filing vacancies; removal. 

7990. Powers and duties of trustees. 

7991. Contracts with board of education of 

district in which school is located. 



Sec 
7992. 



7993. 

7994. 



ION 

Termination of contract if school be- 
comes sectarian. 
Accounts to be rendered. 
Visitors. 



Trustees for 
schools spe- 
cially endowed. 






Section 7987. When any person, by deed, devise, 
gift or otherwise, sets apart any lands, moneys, or effects, 
as an endowment of a school or academy, not previously 
established, but does not provide for the management 
thereof, the common pleas court of the proper county shall 
appoint five trustees, who shall have the control and man- 
agement of the property, moneys, and effects, so set apart, 
and of the school or academy thus endowed. They shall 
hold their offices for five years, and until their successors 
are elected and qualified. But in making the first appoint- 
ment the court shall appoint one trustee for one year, one 
for two years, one for three years, one for four years, and 
one for five years. The trustees shall be a body corporate, 
with perpetual succession, and by such name as may be 
ordered by the court making the first appointment. (53 
v. 33 § 1.) 

Section 7988. Immediately after their appointment organization 
the trustees shall organize by appointing a president, sec- £ath°and 
retary and treasurer, from their own number, and severally bond, 
take and subscribe an oath to faithfully discharge the duties 
of trustees, and deposit it with the county auditor. Before 
taking possession of the property, moneys, or effects, con- 
stituting the endowment or trust, they severally shall give 
bond, in such sum as the court requires, with two or more 
sufficient sureties, to be approved by a judge thereof, whose 
approval must be indorsed on the bonds, conditioned for 
the faithful management of the property, moneys, and ef- 
fects, entrusted to them and accountability therefor in such 
form as the court or judge may require. From time to 
time the court may require additional bonds and surety, as 
appears necessary for the preservation of the trust estate. 
The bonds required shall be payable to the state, and de- 
posited in the office of the county auditor for safe keeping. 
(53 v. 33 § 4-) 

Section 7089. Such court annually shall appoint one ruling va- 
trustee, to fill the vacancy then occurring; and at any other jj?viii 8: re ' 
time fill vacancies that occur from any cause, for the un- 
expired term. Upon sufficient cause shown, reasonable 
notice of the time and place of hearing having been given 
to the party interested, such court may remove a trustee, 

179 



8o 



SCHOOLS SPECIALLY ENDOWED. 



Powers a 
duties of 
.trustees. 



■Contracts 

I loard 
of education 

of district in 
which school 
is located. 



Termination 
of contract 
school be- 
comes sec- 
tarian. 



Accounts to 



and, until a hearing be had, suspend him in the exercise of 
his office. (53 v. 33 § 2.) 

Section 7990. From time to time, trustees may es- 
tablish rules and regulations for the management and safe- 
keeping of the property, moneys, and effects, belonging to 
the trust, and the expenditure of the income thereof, and 
also for the management and government of the school or 
academy ; which must be consistent with the terms of the 
deed, devise or gift, creating the endowment, and with the 
laws' of this state. They shall not, at any time, or for 
any cause, incur any debt or liability, beyond the net in- 
come of the trust property, moneys, and effects, or use or 
appropriate it otherwise than to invest for the purposes of 
income, any part of the principal thereof, unless expressly 
authorized 'so to do by the terms of the deed, devise or 
o-ift creatine the endowment of trust. (98 v. 206 § 3.) 

Section 7991. The trustees of any school- heretofore 
established under the provisions hereof, and in no way con- 
nected with any religious or other sect, and the board of 
education of the district in which such school is situated, 
may make contracts whereby such trustees receive into the 
school pupils from such district, who shall receive such 
instruction as is, or may be, provided by law for public 
schools in this state. In consideration of such, service by 
such trustees, such board, under the general restrictions of 
the law relating to common schools, in so far as they are 
applicable are not inconsistent herewith, may contribute to 

maintenance of such school, and pay such part of the 
costs of the erection of additional buildings, and upon such 
conditions, not inconsistent with the deed, devise or gift 
under which the school is established, as is agreed upon by 
such board and such trustees. (98 v. 206 § 3.) 

Section 7002. But after the making of such con- 
tract if such school becomes sectarian or in any way con- 
nected with any religious or other sect the contract there- 
upon shall terminate. When, for such cause, a contract 
terminates, no right, title, or interest in or to any budding 
toward the cost of which the board of education contributed 
shall pass to the trustees until full compensation has been 
made to the board for the contribution made by it to the 
construction of such building. (98 v. 206 § 3.) 

Section 7993. On the second Monday of September, 
in each year, and at such other times as the court requires, 
the trustees shall render a full and accurate account, state- 
ment, and exhibit, of the condition of the school or academy 
under their management, and the condition of the trust 
estate and funds ; and cause it to be published in such form 
as the court directs. Such account, statement, and exhibit. 
shall be sworn to by the president, secretary, and treasurer, 
or two of them. ( 5^ v. 34 § 5.) 



SCHOOLS SPECIALLY ENDOWED. l8l 

i. The common pleas court of the proper visitors. 
county, annually, at the first session after the second Mon- 
day in September, shall appoint three competent and dis- 
interested persons, who may visit any such school or 
academy, examine it togethe:- with the condition of the trust 
estate or endowment, and shall report thereon to such court. 
The court shall also authorize such other visitations and 
examinations as appear to be necessary. (53 v. 34 § 6.) 



1 - 



TITLE IX. PRIVATE CORPORATIONS 



DIVISION VI. C RPORATIONS NOT FOR PROFIT 



CHAPTER 3. 



EDUCATIONAL. 



Section 

9922. When officers may be appointed and de- 
grees conferred. 

Certificate to be filed with secretary of 
state. 

May hold donated property in trust. 

Who to constitute faculty; powers. 

May acquire machinery and land. 

May change stock into scholarships. 

Location may be changed. 

How endowment fund diverted. 

Vacancies caused by amendment of 
charter. 

May increase property. 

Borrowing money and issuing bonds. 

Statement to be filed. 

How certain boards may be constituted 
and governed. 

Trustees to be divided into classes. 

Term of office of trustees; vacancies. 

When board enlarged. 

When number in class reduced. 

How a conference may become a patron. 

Patronizing bodies may appoint visitors. 

When right of representation ceases. 

Action to be taken by board. 

Quorum; how constituted. 

Who may have benefit of subsequent 
provisions. 

Alumni may elect trustees and appoint 
visitors. 

Conduct of election. 

Returns and certificates of election. 

Endowment fund corporations. 

How certain boards constituted and 
governed. 

Increase in number of trustees in per- 
tain corporations. 

Colleges under ecclesiastical patronage. 

How existing corporations may avail 
themselves of the provisions. 

Copy of acceptance to be filed with sec- 
retary of state. 

Number of trustees and classes. 

Election; term; vacancies; increase of 
board. 



9923. 



9924. 
9925. 



9927 



9931. 
9932. 
9933. 



9935. 



9938. 
9939. 
9940. 
9941. 
9942. 
9943. 
9944. 

9945. 

9946. 
9947. 
9948. 



9950. 



9951. 



9954. 
9955. 



Section 

9956. Assessments. 

Meeting of stockholders; notice. 

How amount of assessment fixed. 

Limit of assessment and collection. 

Board of military academies. 

Board of visitors. 

Duties of board of visitors. 

How term of trustees fixed. 

Certain corporations may change loca- 
tion. 

Sale and distribution of property of cer- 
tain corporations. 

Certain colleges may file charter and 
amend. 

Copy of amendment to be filed with sec- 
retary of state. 

Fee of secretary of state. 

Colleges may change name or purpose. 

Procedure and effect. 

Fees of secretary of state. 

Organic rule may be prescribed in ar- 
ticles of certain corporations. 

May add to original objects. 

Acceptance of statutory provisions. 

Accounts of receipts and disbursements. 

Trustees ineligible to other office. 

Attorney-general may enforce duties of 
officers. 

May increase number of trustees of cer- 
_ tain corporations. 

Distribution of new members. 

Stock corporations may retire stock. 

Cancellation by decree of court. 

Mechanics' institute may borrow money. 

Liability of directors and trustees. 

How medical colleges may receive bodies 
for dissection. 

Body to be delievered to claimant. 

Interment of body after dissection. 

Notification of relatives. 

Body of strangers or travelers. 

Liability for having unlawful possession 
of body. 



9957. 
995S. 
9959. 
9960. 
9961. 
9962. 
9963. 
9964. 

9965. 

9986. 

9967. 



9970. 
9971. 

9972. 

9973. 
9974. 
9975. 
9976. 
9977. 

9978. 

9979. 
9980. 
9981. 
9982. 
9983. 
9984. 



99S9. 



When officers 
may be ap- 
pointed and. 
degrees con- 
ferred. 



Section 9922. When a college, university, or other 
institution of learning incorporated for the purpose of 
promoting education, religion, morality, or the fine arts, 
has acquired real or personal property, of twenty-five thou- 
sand dollars in value, has filed in the office of the secretary 
of state a schedule of the kind and value of such property, 
verified by the oaths of its trustees, such trustees may ap- 
point a president, professors, tutors, and any other neces- 
sary agents and officers, fix the compensation of each, and 
enact such by-laws consistent with the laws of this state 
and the United States, for the government of the institu- 
tion, and for conducting the affairs of the corporation, as 
they deem necessary. On the recommendation of the 

182 



EDUCATIONAL. 



'83 



May hold do- 
nated property 
in trust. 



faculty, the trustees also may confer all the degrees and 
honors conferred by colleges and universities of the United 
States, and such others having reference to the course of 
study, and the accomplishments of the student, as they 
deem proper. (R. S. Sec. 3726.) 

Section 9923. But no college or university shall con- Certificate to 
fer any degree until the president or board of trustees secretary W of 
thereof has hied with the secretary of state a certificate state - 
issued by the state commissioner of common schools that 
the course of study in such institution has been filed in his 
office, and that the equipment as to faculty and other facili- 
ties for carrying out such course are proportioned to its 
property and the number of students in actual attendance 
so as to warrant the issuing of degrees by the trustees 
thereof. (R. S. Sec. 3726.) 

Section 9924. A universtiy, college, or academy, or 
the trustees thereof, may hold in trust any property devised, 
bequeathed or donated to such institution, upon any spe- 
cific trust consistent with the objects of the corporation. 
(R. S. Sec. 3727.) 

Where a subscription is made in writing and accepted, and liabilities 
are incurred on the faith of it, its collection cannot be defeated on the 
ground of the supposed want of a valuable or legal consideration. 16 O. S., 20. 

Section 9925. The president and professors shall 
constitute the faculty of any incorporated literary college 
or university, may enforce the rules and regulations en- 
acted by its trustees for the government and discipline of 
the students, and suspend and expel offenders, as they deem 
necessary. (R. S. Sec. 3728.) 

Section 9926. Any incorporated university, college, 
or academy may connect therewith, to be used as a part of 
its course of education, mechanical shops and machinery, or 
lands for agricultural purposes not exceeding three hundred 
acres, to which may be attached all necessary buildings for 
carrying on the mechanical or agricultural operations of 
such institution. (R. S. Sec. 3729.) 

Section 9927. Any company formed in pursuance of 
this title or which is held as stock, and not derived by dona- 
tion, gift, devise, or gratuitous subscription, may change its 
capital stock into scholarships when it becomes necessary 
for the purpose of carrying out the object for which it was 
formed, in the mode provided in this title for increasing 
the capital stock of corporations. (R. S. Sec. 3730.) 

Section 9928. A college, university or other institu- 
tion of learning, existing by virtue of an act of incorpor- 
ation, or that hereafter becomes incorporated for any of 
the purposes specified in this chapter, if three-fourths of 
the trustees or directors thereof deem it proper, or if the 
institution is owned in shares, or by stock subscribed or 
taken, by a vote of the holders of three-fourths of the stock 
or shares, may change the location of such institution, con- 



Who to con- 
stitute faculty 
powers. 



May acquire 
machinery 
and land. 



May change 
stock into 
scholarships. 



Location may 
be changed. 



i«4 



EDUCATIOXAI. 



How endow- 
ment fund 
diverted. 



vev its real estate, and transfer the effects thereof, and in- 
vest them at the place to which such institution is removed. 
No such removal shall be ordered, and no vote taken 
thereon, until after publication in the manner provided by 
law in case of a sale and distribution of the property of 
such an institution, in which notice shall be fully set forth 
the place to which it is proposed to remove the institution. 
In case of removal, a copy of the proceedings of such meet- 
ing shall be filed with the secretary of state. (R. S. Sec. 
373I-) 

Section 9929. The trustees of a corporation incor- 
porated to create, hold and manage a college endowment 
fund, the articles of incorporation of which provide that 
the fund may be applied to any object not inconsistent with 
the purposes of education different from that particularly 
specified therein, may apply to the common pleas court in 
the county where the corporation is located for permission 
to make such change, designating particularly the purposes 
to which it is proposed to apply the fund. On being satis- 
fied that such change is not inconsistent with the object of 
the original creation and institution of the fund, the court. 
shall authorize and sanction it. (R. S. Sec. 3732.) 



Vacancies 
caused by 
amen dm nt of 
charter. 



May ini 
property 



Borrowing 

money and is- 
suing bonds. 



Section 9930. When a vacancy occurs in whole or 
part, in the board of trustees of an incorporated college, 
seminary, or academy, by reason of an amendment of the 
charter thereof, or from other cause, and there is no pro- 
vision of law for filling it. within three months after re- 
ceiving information thereof, the governor shall appoint 
the required number of trustees, one-third thereof to serve 
for one year, one-third for two years, and one-third for 
three years. (R. S. Sec. 3733.') 

Section 993T. A college, university, academy, semin- 
ary, or other institution devoted to the promotion of educa- 
tion, existing by virtue of a special act of incorporation, or 
organized under the provisions of any law, whose property 
came and is held by donation, gift, purchase, devise, or 
gratuitous subscription, and the amount of which, or the 
income arising therefrom is limited by such special act, or 
the articles of association adopted by such institution, may 
receive, acquire, p< ssess and hold any amount of property, 
real, personal or mixed, which its board of directors or 
trustees, for the institution accepts, and by its .trustees, sell, 
dispose of and convey it. Rut such property shall not be 
diverted from the express will of the donor, devisor or sub- 
scriber. (R. S. Sec. 3734.} 

Section 9932. The board of trustees of such a col- 
lege, university, academy, seminary, or other institution 
devoted to the promotion of education, in anticipation of 
donations to be received and collections to be made, for 
the purpose of constructing, enlarging or adding to college 
buildings or improvements, may borrow such sum of money 



EDUCATIONAL. I S3 

as they determine to be necessary therefor, and issue bonds 
foi) it and secure them by a mortgage upon the property on 
which such improvement is to be made, if the property is 
not held by them under some specific trust. (R. S. Sec. 
3734-) 






Section 9933. Before such an institution shall be 
authorized to acquire and hold additional property, the trus- 
tees thereof, at a regular meeting of their board, or at a 
special meeting called for that purpose, from time to time 
shall make and sign a statement specifying the amount o + " 
additional property which they seek to acquire and hold 
and set forth therein the purposes to which it is to be de- 
voted, which statements shall be entered at large upon th 
record book of the trustees and be filed in the office of the 
secretary of state. (R. S. Sec. 3735.) 

Section 9934. The board of trustees of a university How a 
or college heretofore incorporated, and now under the pat- boar 4 s » la > h 

° r c r . , , . } constituted 

ronage ot tour or more conferences or other religion- and 
bodies of any religious denomination, may accept the pro- 
visions of this and the nine succeeding sections, by resolu- 
tion adopted at a regular meeting of the board, and entere ] 
upon the record of its proceedings. After such acceptance 
the board in all respects shall be organized, constituted, 
regulated, and perpetuated, under and pursuant to such 
provisions. No right acquired by such board, university < r 
college, under its charter, or any law of this state, shall i 1 
any way be affected thereby. (R. S. Sec. 3736.) 

Section 9935. At a meeting of such board held after Trustees tc 
a vacancy occurs therein it shall fill it, or if more than one be divided 1 
vacancy has occurred, then one of them, by appointing the 
president of the university or college a trustee, and the 
president of such university or college, shall, ex-officio, be 
a trustee perpetually thereafter. At such meeting the board 
also shall divide its number, excluding such president, an 1 
including all vacancies except the one he is so appointed to 
fill, into classes, corresponding in number to the number of 
conferences or other religious bodies at the time patron- 
izing such university or college, such classes to have in each 
an equal number of trustees, as near as may be and assign 
one of such classes to each of the conferences or other 
religious bodies, who thereafter may fill all vacancies in the 
class so assigned to it. (R. S. Sec. 3737.) 



into cl 



erm 



cies. 



Section 9936. When such classes of trustees are 
formed, the term of office of one of the trustees in each < 
class, to be selected by lot in open session of the board of 
trustees, shall expire each year, and the persons thereafter 
elected as trustees shall act as such for a term of years 
equal in number to the number of trustees in any class, ex- 
cept as hereinafter provided. The term of office of a trus- 
tee shall not expire during a meeting of the board which 
does not continue for more than two weeks ; and vacancies 



1 86 



EDUCATIONAL. 



which occur in any class of trustees otherwise than by the 
expiration of term of office shall be filled only for the re- 
mainder of the term. (R. S. Sec. 3738.) 



When board 
enlarged. 



When num- 
ber in class 
reduced. 



How a con- 
ference may 
become a 
patron. 



Patronizing 
bodies may 
appoint 

visitors. 



Section 9937. If the number of the conferences or 
other religious bodies patronizing such university or college, 
the board of trustees of which has been divided into classes 
as hereinbefore provided, be increased to not exceed- 
ing six, the board of trustees shall be enlarged to the ex- 
tent of one additional class of trustees for each of such 
additional conferences or other religious bodies, such ad- 
ditional classes to have in each a number of trustees equal 
to the number in any one of the former classes. Each of 
such additional conferences or other religious bodies may 
elect as members of the board, the number in its class, one 
for one year, one for two years and one for three years, 
and so on to the extent of the number; and each also fill 
any vacancy in its class. Such board of trustees, composed 
according to the foregoing provisions, and as provided in 
section ninety-nine hundred and forty-five, without regard 
to the number of members so composing it, may increase its 
own numbers by the election of trustees at large, not ex- 
ceeding the number of conferences or other religious 
bodies co-operating with or patronizing such university or 
college, and divide such trustees at large into classes, at 
its discretion. -(R. S. Sec. 3739.) 

Section 9938. If the number of such patronizing 
conferences or other religious bodies at any time exceeds 
six, the representation of each shall be reduced by lot, in 
open session of the board of trustees, to a class of three 
trustees, if they exceed that number, who thereafter shall 
be elected to serve as trustees for the term of six years, 
and in that case the term of office of one trustee in each 
class will expire every second year. (R. S. Sec. 3740.) 

Section 9939. A conference or other religious body, 
not patronizing a particular university or college, may be- 
come such patronizing conference or religious body, by and 
with the consent of the conferences or other religious 
bodies at the time patronizing such university or college. 
(R. S. Sec. 3741.) 

Section 9940. * Each conference or other religious 
body patronizing a particular university or college, annu- 
ally may appoint two visitors, and the board of trustees of 
a college or university, at the time of its organization, by 
resolution, adopted and entered on its records may pro- 
vide for the appointment of two visitors by each confer- 
ence or other religious body patronizing such college or 
university. Such visitors shall attend the meetings of the 
board of trustees of such university or college, and. with 
the trustees, constitute a joint board for the appointment 
and removal of all officers, professors, and instructors of 
the university or college. (R. S. Sec. 3742.) 



EDUCATIONAL. 



I87 



tion 

such 



Section 9941. If a conference or other religious body 
patronizing a university or college, and having a representa- 

in its board of trustees, ceases to exist, or to patronize 
institution, the right of such conference or other re- 
ligious body to such representation shall cease, and its board 
•of trustees be thereby and to that extent reduced in num- 
bers. (R. S. Sec. 3743.) 

Section 9942. Before a conference or other religious 
body not represented in the board of trustees of a univer- 
sity or college shall be entitled to be represented therein and 
before a conference or other religious body represented 
therein shall he deprived of such representation as provided 
in thenext preceding section, the board shall declare and 
enter m the record of its proceedings, that the conditions 
and contingencies hereinbefore provided for in that behalf 
have taken place. (R. S. Sec. 3744.) 

Section 9943. Eleven trustees shall constitute a 
quorum of the board of any such universitv or college 
whatever the number of trustees if more than twenty is or 
may become: but when the number is twentv or less, a ma- 
jority thereof shall constitute a quorum. (R. S. Sec. 3745.) 

Section 9944. The board of trustees of a university 
or college which lias accepted or accepts the provisions of 
the ten preceding sections, may accent the provisions of the 
three succeeding sections by resolution adopted at a regular 
meeting thereof, and entered upon the record of its pro- 
ceedings. Thereafter the board, and the universitv or col- 
lege, shall be subject to the provisions of such sections 
(R. S. Sec. 3746.) 

Section 9945. After such acceptance bv the board of 
a university or college, the alumni thereof 'composing its 
alumni association, may elect as members of the' board of 
trustees of such college or universitv. members of such as- 
sociation, in numbers equaling the numbers of the confer- 
ences co-operating with or patronizing such university or 
college, and divide such alumna! trustees into classes, and 
perpetuate them. At the same time such alumni may elect 
as visitors members of their association equaling in num- 
bers one-half of the numbers of the conference's or other 
religious bodies co-operating with or patronizing such, uni- 
versity or college, who shall have the same powers and 
duties as visitors appointed by such conference or other 
religious body. When women are members of the alumnal 
association so electing, they shall be eligible as visitors. 
The board of trustees shall be judge of the validity of the 
•election and the returns thereof, of trustees and' visitors 
■elected under this section. (R. S. Sec. 3747.) 



When right of 

representation 

ceases. 



Section 0046. The election of trustees 
by the alumni shall be by ballot, and held each 
ning the year after such acceptance, on the seen 



Action to 
taken by 
board. 



be 



and visitors 

year, begin- 

day 



Quorum; how- 
constituted. 



Who may have 
benefit of sub- 
sequent pro- 
visions 



Alumni may 
elect trustees 
and appoint 
visitors. 



Conduct of 
election. 



next before the day of commencement of ^uch universitv 



[88 EDUCATIONAL. 

or college, at such place in a building on its grounds as is 
designated by the president of the alumnal association by 
written notice posted the day before the election in at least 
two public places on such grounds. The polls shall be 
opened at the hour named in such notice, which shall not 
be later than three o'clock afternoon, and be kept open for 
two hours thereafter. The election shall be conducted by 
three judges and two clerks, who are members of the asso- 
ciation and chosen by the members present at the place of 
voting at the time for opening the polls. They shall cer- 
tify to the board of trustees the result of such election, with 
a list of the members voting thereat. Each ballet shall con- 
tain the names of the persons voted for, the office which 
each is to fill and a designation of the term for which be 
is to serve. At such election all members of the alumnal 
association of such university or college shall be entitled to 
vote. Members not in attendance may exercise their right 
by sending ballots conforming to the foregoing provisions, 
with their names thereon indorsed, and addressed under 
seal to the president of such association. (R. S. Sec. 3748.) 

Returns and Section 9947. After the polls are closed the result 

eiecHon!" ° f shall be ascertained and certified to by the judges and 
clerks, and the person or persons, not exceeding the num- 
ber to be elected, who received the highest number of votes 
therefor, shall be declared elected as trustee as designated 
on the ballot. The two persons who receive the highest 
number of votes for visitors shall be declared elected, but 
their terms of office shall not begin until after the final 
adjournment of the regular meeting of the trustees for that 
year. If any two or more persons receive an equal number 
of votes for trustee or visitor, one of them, as is determined 
by lot by the judges, in the presence of all the electors who 
wish to be present, shall be the trustee or visitor, and be so 
declared. Duplicate certificates of election shall be signed 
by the judges and clerks, and delivered by them, one to 
each of the persons elected, and the other, with the poll- 
books duly certified by the judges and clerks, to the secre- 
tary of the board of trustees of the university or college, 
the next day after the election, which certificate he shall 
enter of record in the book containing the proceedings of 
the board of trustees. (R. S. Sec. 3/49-) 



iwment 






Section 0948. The trustees of a corporation incor- 
1 corpo- po rated for the purpose of creating a fund, the income ot 
which is to be applied to the promotion of education, may 
receive subscriptions for membership in the corporation, 
and they, or a majority of them, by giving ten days' notice, 
by publication in the county where the corporation is 
located, may call a 'meeting of members to adopt by-laws, 
and elect not more than nine directors. Each member shall 
have a vote for every amount by him subscribed equal to 
that in the articles of incorp< ration specified as necessary 
for membership, which may be cast in person or by proxy, 



EDUCATIONAL. 



[89 



Increase in 
number of 
trustees in 
certain corpo- 
rations. 



but at no subsequent meeting can a member vote for or be 
eligible as a director who is in arrears to the corporation. 
The trustees shall control the funds and disburse the in- 
come of the corporation as provided by its by-laws. (R. 
S. Sec. 3750.) 

Section 9949. The board of trustees of a university, How certain 
college or other institution of learning, incorporated, and Jg"?ed C °and 
acting under the patronage of one annual conference or governed, 
other religious body of a religious denomination, may ac- 
cept the provisions of this and the succeeding section, by 
resolution adopted at a meeting of the board, and entered 
upon the record or journal of its proceedings. After such 
acceptance the board shall be organized, constituted, regu- 
lated, and perpetuated as therein provided. No right ac- 
quired by such board, university, or other institution of 
learning, under its charter, or any law of this state, shall 
be impaired or affected thereby. (R. S. Sec. 3751.) 

Section 9950. The board of trustees of a university 
or college heretofore incorporated, and now under the pat- 
ronage of one annual conference, synod or other religious 
body of a religions denomination, may increase the num- 
ber of its trustees, not exceeding six. Such additional trus- 
tees shall be nominated by the collegiate alumni of the uni- 
versity or college from the collegiate alumni of three years' 
standing, for appointment or election by such patronizing 
conference or synod, under such regulations as are pre- 
scribed by such board, if it determines to increase the num- 
ber of its trustees and makes such regulations for their 
nomination, by resolution adopted at a regular meeting of 
the board and duly entered on the record of its proceed- 
ings, and, such patronizing or governing conference or 
synod consents to the increase and the rules and regula- 
tions for their nomination. And after such board is so in- 
creased by not exceeding six additional trustees, in all re- 
spects it shall be organized, constituted, regulated and per- 
petuated pursuant to and under its charter, and such pro- 
visions. No rights acquired by such a board, university or 
college, under its charter or any law of this state, shall be 
affected or impaired thereby. (R. S. Sec. 3751a.) 

Section 9951. A corporation may be formed for the 
promotion of academic, collegiate or university education, 
under religious influences, may set forth in its articles or 
certificate of incorporation, as a part thereof, the name of 
the religious sect, association or denomination with which 
it is to be connected, and grant any ecclesiastical body of 
such religious sect, association or denomination, whether it 
be a conference, association, presbytery, synod, general as- 
sembly, convocation or otherwise, the right to appoint its 
trustees or directors, or any number thereof. It also may 
set forth 'in its articles or certificate such other rights as to 
the administration of the purpose for which it is organized, 
consistent with the laws of this state and of the United 



Colleges u 
ecclesiastic 
patronage. 



nder 
al 



190 



EDUCATIONAL. 



How existing 
corporations 
may avail 
themselves of 
the provisions. 



Copy of ac- 
ceptance to be 
filed with sec- 
retary of 
state. 



Number of 

trustees .and 



Election; term; 
vacancies; 
increase of 
b< iard. 



States, as the incorporation desires to confer upon the- 
ecclesiastical body of such sect, association or denomina- 
tion, and that body may exercise all rights and powers set 
forth therein. (R. S. Sec. 3751b.) 

Section 9952. A corporation formed for the promo- 
tion of academic, collegiate or university education, under 
religious influences, incorporated under the laws of this 
state, by special act or otherwise, may avail itself of the 
provisions of the preceding section, as a part of its articles 
or certificate of incorporation, and may confer on an 
ecclesiastical body of such religious sect, association or de- 
nomination, it is or proposes to-be connected with, whether 
it be a conference, association, presbytery, synod, general 
assembly, convocation or otherwise, any or all of the rights, 
powers or privileges by such section allowed to be con- 
ferred on corporations hereafter organized, and may accept 
the provisions by a vote of the majority of its trustees at 
any regular meeting. (R. S. Sec. 3751c.) 

Section 0053. When so accepted, a copy of the ac- 
ceptance, certified by the secretary or clerk of its board of 
trustees or directors, shall be sent to the ecclesiastical body 
with which it is or proposes to be connected. If such body 
agrees to accept the powers proposed to be conferred upon 
it, it shall certify its approval upon the certified copy so 
sent, and it thereupon shall be filed in the office of the sec- 
retary of state. When thus filed it will be a part of the- 
charter of such corporation, and such ecclesiastical body 
shall exercise all the rights and powers so set forth in the 
articles or certificate of corporation. (R. S. Sec. 3751c.) 

Section 9954. After such acceptance the board shall 
certify it to the patronizing conference or other religious 
body having the right to elect or appoint trustees of such 
university or other institution of learning, at the next meet- 
ing of such conference or other religious body ; and there- 
after the board shall consist of twenty-one trustees elected" 
or appointed, and the president of such university or other 
institution of learning, who shall be ex-officio a member 
thereof. Such elected or appointed trustees shall be divided' 
into three classes of seven members each. (R. S. Sec. 
3752.) 

Section 9955. At the first election or appointment 
after such acceptance, one of such classes hall be elected or 
appointed for one year, one for two years and one for 
three years. No term of office of such trustee shall ex- 
of the classes of trustees shall be elected or appointed for 
three years. No term of office of such a trustee shall ex- 
pire during a meeting of the board which does not con- 
tinue more than two weeks. Ten members of the board' 
shall constitute a quorum. Vacancies which occur in any 
class of trustees otherwise than by expiration of the term 
of office shall be filled onlv for the remainder of the term. 



EDUCATIONAL. 



193 



Such a university or other institution of learning which 
heretofore accepted the provisions of sections ninety-nine 
hundred and forty-nine, ninety-nine hundred and fifty-four, 
and ninety-nine hundred and fifty-five, may increase its 
board of trustees by electing or appointing two additional 
members in each of the classes of trustees herein provided 
for. (R. S. Sec. 3752.) 

Section 9956. The proportion that each stockholder 
of a college, academy, university, seminary, or other insti- 
tution for the promotion of education, shall be required to 
pay to meet the debts and liabilities of the corporation, may 
be determined and collected in the manner provided by the 
three succeeding sections. (R. S. Sec. 3753.) 

Sfxtion 9957. The trustees of such a corporation 
desiring to. avail themselves of such provisions shall call a 
meeting of the stockholders for the purpose of determining 
what amount of its indebtedness shall be paid by each 
stockholder, and give thirty days' notice to the stockholders 
in writing or by publication in some newspaper of general 
circulation in the county where the corporation is located, 
of the time, place, and purpose of the meeting, at which 
also, the trustees shall submit a detailed statement showing 
the assets and indebtedness of the corporation. (R. S. 
Sec. 3754.) 

Section 9958. A majority in interest of the stock- 
holders present at such meeting may determine what amount 
of the indebtedness of the corporation is to be paid by each 
stockholder, and fix the time and mode for the payment 
of the money assessed against each stockholder. But these 
provisions shall not interfere with or abridge the right of a 
creditor of the corporation to institute any proceedings 
authorized by law to enforce the liability of stockholders. 
(R. S. Sec. 3755-) 

Section Q9SQ. The assessment shall be pro rata upon 
the stock subscribed or otherwise acquired by each stock- 
holder, and in no case shall exceed the amount for which 
each stockholder is or may be liable by law. A stockholder 
who fails to pay the amount so assessed against him. shall 
be liable in a civil action to be brought in the name of the 
corporation, for the recovery thereof, as in other cases of 
indebtedness. (R. S. Sec. 3756.) 

Section qq6o. The academic board of an institution 
incorporated for military and polytechnical education shall 
consist of the superintendent thereof, the commandant of 



cadets, and the professors. It may 
and regulations for the government 
shall he submitted to and approved 
state. (R. S. Sec. 3757.) 

Section oq6t. The board of visitors of such an 
stitution shall consist of the governor, who shall be 



make and enforce rules 
of cadets, but they first 
by the governor of the 



m- 
ex- 



Assessments. 



Meeting of 

stockholders; 

notice. 



How amount 
of assessment 
fixed. 



Limit 



if as- 
sessment and 
collection. 



Board of mil- 
itary acad- 
emies. 



Board of 
visitors. 



GDI CATIONAL. 



Duties of 
hoard of 
visitors 



rustees 



fix .1 



officio a member and the president of the board, of two 
other persons to be named by him, and such other persons 
as the superintendent of the institution appoints. (R. S. 
Sec. 3758.) 

riON 9062. The board of visitors shall meet at the 
institution, on the first day of the annual commencement 
exercises, and examine into the condition of the classes, 
quarters, and commons, the discipline, drill, records of 
standing in study, and conduct of the cadets, and report 
thereon to the legislature at its next session. The board of 
visitors, or any member thereof, may visit and inspect the 
institution at any time. (R. S. Sec. 3/59-) 

Section 9963. At a regular meeting for the election 
of directors or trustees of a college or other institution of 
'earning, the authorized voters may determine by vote, 
whether the election of directors or trustees shall be held 
annually, if the term of their election is for a longer period 
than one rear, and also what proportion of the entire board 
shall he so elected. At the first election hereunder the 
voters shall designate upon their ballots who shall serve for 
one year, who for two years, and who for three years. 
Vacancies caused by expiration of term of office shall be 
Idled by election annually thereafter. (R. S. Sec. 3760.) 

Section 0964. The trustees of colleges and other in- 
stitutions of learning not endowed by voluntary contribu- 
tions, established under special acts of incorporation, and 

h, by the provisions thereof are locted at particular 
places, may change their location to such other places as 
they deem proper and erect and maintain academies and 
other schools auxiliary thereto. (R. S. Sec. 3761.) 

Section 9965. The trustees of a university, college, 
or other institution of learning, incorporated by authority 
of this state under special charter, owned in shares or stock 
subscribed or taken, may dispose of its property at public 
on such terms as to payment as the stockholders by a 
vote of three-fourths of the shares or stock of the institu- 
tion, direct, after giving public notice thereof, by pnblica- 
l, for six consecutive weeks in some newspaper pub- 
lished in the county where the institution is located. Such 
notice shall contain a full statement of the terms, time and 
place of sale, and such action of the trustees 
may close up the corporate existence of 
and make an equitable division and distribution of the pro- 
ceeds of the saic among all the holders of shares or stock, 
after the payment of its just debts. (R. S. Sec. 3762.) 

Certain col . Section 9966. The trustees of any university, col- 

may file ] e g e or institution of learning, incorporated under author- 
amend! itv of this state, owned in shares of stock subscribed and 
paid up in full, by a majority of the owners of such stock, 
for the sole purpose of promoting education, religion and 



Certain cor- 
porations may 
loca- 



ind dis- 
tribution of 
property of 
certain cor- 
porations. 



The trustees 

such institution. 



EDUCATIONAL. 



193 



morality, or the fine arts, exclusively among males or 
females, on the written portion of the owners of a major- 
ity of such stock filed before its trustees or on the vote of 
the owners of the majority of such shares of paid up stock 
at any general meeting of the stockholders called for such 
purpose, after thirty days' notice published in some news- 
paper published and of general circulation in the county, 
by them, may change the name and enlarge the purposes 
and objects of such university, college or institution, by 
amendemnts to its charter, approved by the owners of the 
majority of such stock, so that all the educational rights 
and privileges thereof may he bestowed in the co-equal and 
co-ordinate education of both sexes. (R. S. Sec. 3762a.) 

Section 9967. When such amendment is adopted and 
the original articles of incorporation of such corporation 
have not been filed and recorded in the office of the secre- 
tary of state, a copy of the amendment and of the original 
articles, with a certificate to each of them thereto affixed, 
signed by the president and secretary of the corporation, 
and sealed with the corporate seal, if any there be, stating 
the fact and date of the adoption of such amen Iment, and 
that such copy thereof and of the original articles of in- 
corporation are true copies of the originals shall be re- 
corded in such office. When so recorded, such amendment 
shall be in law the sole articles of incorporation of the cor- 
poration. The property, real and personal, corporate fran- 
chises, and endowment funds, gifts, bequests, legacies, or 
mortgage securities, promissory notes, and rights of every 
kind belonging to. vested in, claimed, or possessed by the 
original corporation, by such amendment shall pass to, and 
be enjoyed and exercised by the corporation named, created 
and organized by such amendment for the promotion of all 
the objects and purposes of its creation and organization. 
(R. S.'Sec. 3762a.) 

Section 9968. For recording such amendments and 
copies of original articles of incorporation, and furnishing 
a certified copy or copies thereof, the secretary of state 
shall receive a fee of twenty cents per hundred words, to 
be in no case less than five dollars. (R. S. Sec. 3762a.) 

Section 9969. The board of trustees of a university, 
college, or institution of learning, incorporated under au- 
thority of this state, for the sole purpose of promoting 
education, religion and morality, or the fine arts, at a regu- 
lar or special meeting of such board of trustees, called for 
that purpose, after thirty days' actual notice to each and all 
such trustees, may change the name and enlarge the pur- 
poses and objects of such university, college or institution 
of learning, by amendment to its charter, approved by a 
majority of the board at such regular or special meeting, 
so called and so notified, for such change of its name, and 
the enlargement of its purposes and objects. (R. S. Sec. 
3762b.) 

18 s. 1,. 



Copy of 
amendment to 
be filed with 
secretary of 
state. 



Fee of secre- 
tary of state. 



Colleges may 

change name 
or purpose. 



194 

Procedure and 



ED L" CATION AL. 



Section 9970. When such amendment is so adopted 
effect. b the boarc i f trustees of such university, college or in- 

stitution of learning, a copy thereof with a certificate 
thereto affixed, signed by the president and secretary of 
such board and sealed with the corporate seal, if any there 
be, stating the fact and date of such amendment, and that 
such copy is a true copy of the original amendment, shall 
be tiled and recorded in the office of the secretary of state, 
and when so filed and recorded such amendment shall be in 
law an integral part of the articles of incorporation of 
such corporation. The "property, real and personal, cor- 
porate powers and franchises, endowment funds, gifts, be- 
quests, legacies, mortgage securities and promissory notes, 
belonging to, such original corporation, by such amendment 
shall pass to, and be enjoyed. and exercised by the corpor- 
ation created and organized by such amendment for the 
promotion of the objects of its creation and organization. 
Such new- corporation shall be liable for and must perform 
all the lawful obligations and contracts of the original cor- 
poration. (R. S. Sec. 3762b.) 

Section 9971. For recording such amendment and 
furnishing a certified copy or copies thereof, the secreary 
or state shall recive a fee of twenty cents per hundred 
words, to be in no case less than five dollars. (R. S. 
3762b.) 

Section 907?. An association incorporated for the 
R Te ^e 6 - 5 purpose of receiving gifts, devises or trust funds to erect, 



Fees of secre 
tarv gTF state. 



mav oe pre- pui^v.^v ^^ - ~ — o , 

d in ar- esta blish, or maintain an academy in any department ot 



tides of cer- 
tain corpo- 
ra1 ions. 



fine arts, a gallery for the exhibition of paintings, or sculp- 
ture or works of art. a museum of natural or other curi- 
osities, or specimens of art or nature promotive of knowl- 
edge, or a law or other library, or courses of lectures upon 
science, art, philosophy, natural history, or law, and to 
open it to the public on reasonable terms ; or an industrial 
training school, or a mechanics' institute for advancing the 
best interests of mechanics, manufacturers and artisans, by 
the more general diffusion of useful knowledge in those 
classes of the community, or homes for indigent and aged 
widows and unmarried women, whose directors or trustees 
may be of either sex, in its articles of incorporation may 
prescribe the tenure of office of the trustees or directors, 
the mod® of appointing or electing successors, the adminis- 
tration and management of the property, trust and other 
funds of the corporation and such other organic rules as 
are deemed expedient or acceptable to donors, which shall 
be the permanent organic law of the corporation. (R. S. 
Sec. 3767.) 

Section 9973.' By certificate duly acknowledged by 
original ob- the trustees or directors, and filed in the office of the sec- 
retary of state, such corporations may add to the original 
objects and purposes thereof, any of the several objects 
and purposes, mentioned in the preceding section, not pro- 



May add to 



; ects 



EDUCATIONAL. 



'95 



W< ptance of 

statutory pro 



vided for by the articles of incorporation. ( R. S. Sec. 

37680 

SeiCTion 9974. Such corporation heretofore incor- 
porated under the laws of the state, by certificate reciting 
the organic rules adopted by the corporation as its perma- 
nent organic law, duly acknowledged by the trustees or di- 
rectors, and filed in the orifice of the secretary of state, may 
accept the provisions of the second preceding section. (R. 
S. Sec. 3768. I 

Section 9975. The officers of such corporation Accounts of 
charged or intrusted with the receipts and disbursements receipts and 

. ° 1 11 1 1 1 disbursements 

of its funds or property, shall make and keep accurate and 
detailed accounts of such funds, and the receipts and dis- 
bursements thereof such as are required to be kept by the 
fund commissioners of the state. On or before the third 
Monday in January of each year the trustees shall file with 
the clerk of the common pleas court of the county in which 
the corporation is located an abstract of their account which 
shall correspond in date, amount, person to whom paid, 
from whom received, and on what account, with the vouch- 
ers taken or given on account of such receipts and dis- 
bursements. At the same time they annually shall file in 
such clerk's office a report of the names of the donors, the 
kind, amount, or value of gifts of each, and a brief state- 
ment of the conditions and purposes of the gifts. The 
filing of such abstract and report, and the supplying of any 
omission in either, may be enforced by order and attach- 
ment of the common pleas court of the proper county, 
against the trustees, on motion of anv respectable citizen. 
(R. S. Sec. 3769.) 



Attorney-gen 

eral may en- 
force duties 
of officers. 



Section 9976. No trustee of such corporation shall Trustees in 
be eligible to any office or agency of the corporation to otiSr^ofnce. 
which a salary or emolument is attached, nor shall the trus- 
tees be allowed any salary, emoluments or perquisites, ex- 
cept the right of free ingress to the grounds, rooms, and 
buildings of the corporation. (R. S. Sec. 3770. i 

Section 9977. On application to the attorney gen- 
eral by five citizens of the proper county, in writing, verified 
by the oath or affirmation of one of them, setting forth 
specific charges against any of the fiscal or other agents or 
trustees of such a corporation, involving a breach of trust 
or duty, he shall give notice thereof to the trustees or agents 
complained of. and inquire into the truth of such charges. 
For this purpose he may receive affidavits, or enforce, by 
process from the court of common pleas of Franklin 
county, the production of papers and the attendance of 
witnesses before him. If, on testimony or other evidence, 
he believes the charges or any of them to be true, he shall 
proceed, by action in that court, in the name of the state. 
against the delinquent trustee or trustees, fiscal agent or 
agents, and, on the hearing the court may direct the per- 



igb 



May increase 
number of 
trustees of 
certain corpo- 
rations. 



Distribution 
of new 

members. 



Stock corpo- 
rations may 
retire stock. 



•Cancellation 
by decree of 
court. 



EDUCATIONAL. 

formance of any duty, or the removal of all or any of the 
agents or trustees, and decree such other and further relief 
as is equitable. (R. S. Sec. 377 1 -) 

Section 9978. The board of trustees of a university 
or college heretofore incorporated, but not under the pat- 
ronage of conferences or other ecclesiastical bodies of any 
religious denomination, may increase the number of such 
trustees to twenty-four, exclusive of the president, or a less 
number, and divide such trustees into six classes, each class 
to serve six years, and one class to be chosen each year, 
for such term. One trustee of each class may be chosen by 
the votes of the alumni of such university or college, if the 
board of trustees so provides by by-law, in which case the 
board also shall provide by such by-laws, a method of nomi- 
nating and electing such appointee of the alumni. (R. S. 
Sec. 377 Ia -) 

Section 9079. The president of such university or 
college shall ex-officio, be a trustee perpetually, and not be 
included in the classes going out in rotation. If in the first 
enlargement of the board of trustees, under the preceding 
section it be necessary to distribute new members to the 
several classes, whose terms will expire by rotation, the 
distribution may be made in such manner as the board di- 
rects so that no trustee shall be elected for a longer term 
than six years. (R. S. Sec. 377 ia.) 

Section 9980. The board of trustees of a university 
or college in this state organized as a stock corporation and 
not under ecclesiastical patronage, upon the surrender and 
cancellation of all. outstanding shares of its capital stock, 
may cause a certificate of that fact, sealed with the corpo- 
rate seal and signed by the president and secretary of such 
board, to be filed in the office of the secretary of state, 
which certificate the secretary of state shall record for 
public use in the records of his office, and a certified copy 
of which he shall return to such hoard of trustees upon 
receipt of a fee of twenty cents per one hundred words, 
to be in no case less than five dollars. Thereupon such 
university or college shall continue its corporate existence 
as a corporation not for profit and with the same powers, 
duties, privileges and immunities as it previously possessed, 
save such as relate to its capital stock. Such board by reso- 
lution may conform the number, tenure and mode of elec- 
tion of its own members to the provisions of the preceding 
section, except, that trustees not authorized to be elected 
by the alumni, shall be elected by the board; and that the 
ex-officio membership thereon of the president of such col- 
lege or university shall be optional with the board. (R. S. 
Sec. 3771b.) 

Section qq8i. When such a' corporation seeking to 
avail itself of the provisions of the preceding section has 
procured the surrender for cancellation of not less than 



EDUCATIONAL. 



197 



sixty per cent of the outstanding shares of its capital stock, 
any residue thereof standing upon its books in the names 
of persons, partnerships, societies or corporations that for 
seven years or more have been deceased, dissolved or of 
unknown address, and non-participants in the corporate 
elections, and of whose shares aforesaid no known owner 
exists, may be cancelled by decree of the court of common 
pleas of the county wherein .such corporation is located, 
upon its petition, duly certified, being filed therein, making 
such persons, partnerships, societies and corporations or 
their legal representatives parties defendant, and on serv- 
ing such .defendants with public notice of the pendency of 
such petition in the manner provided for service by publi- 
cation in civil actions, and upon averment and proof by the 
plaintiff and a finding by the court of the facts as herein- 
before required, and of the further fact that the plaintiff 
is an eleemosynary corporation. Thereupon the shares of 
such defendants shall be deemed to be cancelled and sur- 
rendered, and the decree shall not be vacated or set aside, 
on the application of any such defendant, otherwise than as 
in the case of judgments in civil actions. (R. S. Sec. 
37.71c) 

Section 9982. A mechanics' institute, incorporated 
under the laws of this state prior to the year eighteen hun- 
dred and fifty-one, may borrow money, issue bonds or notes 
therefor at no more than the legal rate of interest, and 
secure them bv mortgage upon its real estate. (82 v. 118 

§ 1.) 

Section 9983. The directors and trustees of such Liability 

corporations shall not be personally liable for debts con- j^See" 

tracted by them, as in the preceding section provided. (82 
v. 118 § 2.) 



Mechanics 

institute i 

borrow 

money. 



of 
and ' 



Section 9984. Superintendents of city hospitals, di- 
rectors or superintendents of city or county infirmaries, 
directors or superintendents of work-houses, directors or 
superintendents of asylums for the insane, or other chari- 
table institutions founded and supported in whole or in part 
at public expense, the directors or warden of the peniten- 
tiary, township trustees, sheriffs, or coroners, in possession 
of bodies not claimed or identified, or which must be buried 
at the expense of the county or township, before burial, 
shall hold such bodies not less than thirty-six hours and 
notify the professor of anatomy in a college which by its 
charter is empowered to teach anatomy, or the president of 
a county medical society, of the fact that such bodies are 
being so held. Before or after burial such superintendent, 
director, or other officer, on the written application of the 
professor of anatomy, or the president of a county medical 
society shall deliver to such professor or president, for the 
purpose of medical or surgical study or dissection, the body 
of a person who died in either of such institutions, from 



How medical 
colleges may 
receive bodie?.- 
for dissectioi 



EDUCATIONAL. 



Body to be 
delivered to 
claimant. 



Interment of 
'body after 
dissection. 



Notification 

of relatives. 



'Body of 
strangers or 



Liability for 
having unlaw- 
ful possession 
naf body. 



any disease, not infectious, if it has not been requested for 
interment by any person at his own expense. (R. S. Sec. 
3763.) 

Section 9985. If the body of a deceased person so 
delivered, be subsequently claimed, in writing, by a rela- 
tive or other person for private interment, at his own ex- 
pense, it shall be given up to such claimant. (R. S. Sec. 

3763.) 

Section 9986. After such bodies have been subjected 
to medical or surgical examination or dissection, the re- 
mains thereof shall be interred in some suit able place at 
the expense of the party or parties in whose keeping the 
corpse was placed. (R. S. Sec. 3763.) 

Section 9987. In all cases the officer having such 
body under his control, must notify or cause to be notified, 
in writing, the relatives or friends of the deceased person. 
(R. S. Sec. 3763.) 

Section 9988. The bodies of strangers or travelers, 
who die in any of the institutions above named, shall not 
be delivered for the purpose of dissection unless the 
stranger or traveler belongs to that class commonly known 
as tramps. Bodies delivered as herein provided shall be 
used for medical, surgical and anatomical study only, and 
within this state. (R. S. Sec. 3763.) 

Section 9989. A person, association, or c ompany. 
having unlawful possession of the body of a deceased per- 
son shall be jointly and severally liable with any other per- 
sons, associations, and companies that had or have had 
unlawful possession of such corpse, in any sum not less 
than five hundred nor more than five thousand dollars, to 
be recovered at the suit of the personal representative of 
the deceased in any court of competent jurisdiction, for the 
henefit of the next of kin of deceased. (R. S. Sec. 3764.) 



APPENDIX 



FORMS AND INSTRUCTIONS 



NOTICE OF ELECTION IN SUB-DISTRICTS. 

Notice is hereby given to the qualified voters of sub-district No. , of 

township, county, Ohio, that the next annual school meeting for the elec- 
tion of a director in said district will be held at the school house in said 

sub-district on Monday, the day of April, 19 — , beginning at o'clock 

p. m. [a. m.], and closing at o'clock p. m. [a. m.] 

, Director. 

Note: — The above notice to be posted in three or more conspicuous places, 
at least six days prior to the election. Section 4718. 

POLL BOOK 

Of the election held in sub-district No. , in the township of , in the 

county of , and state of Ohio, on Monday, the - — • day of April, in tne 

year A. D. 19—. 

A. B., Chairman, and C. D., Clerk, judges of said election, were severally 
sworn, as the law directs, previous to their entering on the duties of their 
respective offices. 



Number and names of electors. 



Number and names of electors. 



Xo. 1 




1 


1 
N o. •"> | 


9 




6 | 


3 




7 | 


4 




1 


8 1 







i 



It is herebv certified that the number of electors who v >ted at this election 



-, Chairman. 
-, Secretary. 

Judges. 



TALLY SHEET 



Of the election held in sub-district No. , in the township of , in the 

county of , and state of Ohio, on Monday, the day of April, in the 

year A. D. 19 — , to elect a director for said sub-district. 

I'll) 



2GC 



1-t ) R .\ I S A X D I N SI K UCT10N S. 



Tallies, showing number of votes 
given for each candidate. 



Names of Candidates 






. 


to 


•j - - i ( > t a J . 
15 20 ! 25 






! 


: ! ! ! 


! ! ! 


! : 

| ' i 


! | 






i ■ ■ ■ ■ , ■ ■ 



We hereby certify 
That - 



That 

That 

And that 



received 
received 
received 



votes for director. 
votes for director, 
votes for director. 



was duly elected director for a term of one year. 

— , Chairman. 

, Secretary. 

Judges. 

The poll book and tally sheet must be signed by the judges of election before 
they separate. No signing after such separation is valid. They must be delivered 
within eight days to the clerk of the board of education. 



MINUTES OF SUB-DISTRICT SCHOOL MEETING, 



Sub-District, No. 

Township, County, Ohio. 



19- 



At a meeting of the qualified voters of said sub-district, held on the 

day of April, 10 was appointed secretary. 

Whereupon said, voters proceeded to elect by ballot, a director of said sub 
district for the term of one year, and upon inspection of the several ballots given 

at said election, it was found and publicly declared, that ' 

was duly elected for the term of one year. 



-, Chairman. 

-, Secretary. 



APPOINTMENT OF SCHOOL DIRECTOR TO FILL VACANCY 



This is to certify that 
of sub-district number 



has been appointed director 

township, - — . county, Ohio, to 



FORMS AND INSTRUCTIONS. 201 

fill the vacancy caused by of - — ■ said appointment to 

extend until the next annual election as provided for in section 4720. 

, Ohio. 

, 19 — . -, President. 

Attest : 

, Clerk. 

OATH OF SCHOOL DIRECTOR. 

The following oath- which may be administered by the clerk or any other 
member of the board of education, should be taken by each director before enter- 
ing upon the discharge of his duties. 

You, , do solemnly swear [or affirm] that you will support the 

constitution of the United States, and the constitution of the State of Ohio, and 
that you will faithfully and impartially discharge the duties of director, in and 
for said sub-district, number , — township, county. Ohio, accord- 
ing to law and the best of your ability. 

DIFFERENT MODES OF ALTERING SUB-DISTRICTS. 

Resolved by the board of education of township, That there be trans- 
ferred and united with sub-district -number , so much of sub-district number 

, as is bounded as follows: [describe boundary.] • 

Resolved by the board of education of ■ township, That sub-district 

number is hereby abolished, and there is hereby transferred to and united 

with sub district number , so much of the territory of said abolished sub- 
district as is bounded as follows: [describe boundary], and so. much of said abol- 
ished sub-district as is not herein united with sub-district number , is trans- 
ferred to and united with sub-district number . This resolution shall take- 
effect on the day of , 19 — . 

Resolved by the board of education of township, That so much of 

sub-district number , as bounded as follows: [describe boundary], be cut 

off from said sub-district, and that so much of sub-district number ■ as 

bounded as follows: [describe boundary], be cut off from said sub-district, and 
that the territory thus cut off from sub-districts numbers ■ and , respec- 
tively, is hereby consolidated and formed into a new sub-district and designated 
sub-district number of township. 

Resolved by the board of education of township, That sub-districts 

numbers and are hereby abolished, and that the territory included in 

said sub-districts at the time of their abolishment is hereby consolidated and 

formed into a new sub-district, and designated sub-district number of - 

township. This resolution shall take effect on the day of , 19 — . 

Note: — -When a new sub-district is formed the township board should ap- 
point a director as provided in section 4720. 

RESOLUTIONS ON BOND ISSUE. 

Resolved, By the board of education of school district, 

county, Ohio, That it is necessary for the proper accommodation of the schools 

of said district that [state nature of improvement], that it will require % 

to make said improvement, that the funds at the disposal of said board or that 
can be raised under the provisions of section 7029 of the General Code of 
Ohio, are not sufficient to accomplish said purpose and that a bond issue is 
necessary, it is therefore further 



-02 FORMS AND INSTRUCTIONS. 

Resolved, That an election be held in said school district on the question 

of the issuing of bonds in the sum of $ for the purpose herein specified, 

on the ■ day of - — 19 — , and that the clerk of the board be 

directed to forward a copy of these resolutions to the deputy state supervisors 
of elections and request said supervisors to provide election supplies and. con- 
duct said election, and that the clerk be also directed to publish the notices of 
said election as provided by law. 

NOTICE OF ELECTION FOR BOND ISSUE. 

Notice is hereby given by the board of education of — — — — school 

district, county, Ohio, that there will be an election held in said 

district at the usual voting place [places], between the hours of 5:30 a. m. and 

5:30 p. m., on the day of , 100—, to consider the question 

of a bond issue in the sum of $ , for the purpose of \hcre state purpose] 

as provided in section 7625 of the General Code of Ohio. 

By order of the board of education. 

— , Clerk. 



-, Ohio. 

190—. 



FORM OF BALLOT. 





For Bond Issue in the Sum of % 


-, Yes. 


For Bond Issue in the Sum of $ 


, No. 



All elections on school questions should be held under the supervision of the 
regular election officers and the ballots be made to conform to the provisions of 
the general election laws. 



PETITION FOR SPECIAL SCHOOL DISTRICT. 

To the Probate Judge of County, Ohio : 

We, the undersigned petitioners, being mile citizens and electors of a pro- 
posed special school district, respectfully request that a special school district be 
established from the territory herein described for the following reasons : [give 
reasons.] Said special school district to be bounded and described as follows: 
[Give description in full.] 

Respectfully submitted, 

, Ohio. 

. 19—. 



Note: — The above petition must be signed by at least ten male electors 
and must be accompanied by a certificate from the county auditor giving the 
total tax valuation of the proposed district, an accurate map of the same and 
an undertaking with security lor costs in the sum of $100. 



FORMS AXD INSTRUCTIONS. 



203 



NOTICE OF SPECIAL MEETINGS. 

Notice is hereby given that there will be a meeting of the board of educa- 
tion of ■ school district, county, Ohio, on the day of 

, at o'clock , at ! — - — -, to consider any business which 

may be considered necessary. 

, Clerk. 

, , 19—. 

Note: — A special meeting may be called by the president, clerk or two mem- 
bers of the board. 



TEACHER'S CONTRACT. 



-, of 



school district in 



county, 
county, 



An agreement entered into between 

Ohio, and the board of education of 

Ohio; the said hereby agrees to teach in the public schools of said 

district for a term of months, and also agrees to abide by and maintain 

the rules and regulations adopted by said board for the government of said 
schools of said school district. And in consideration of such services, the said 

board of education agrees to pay the said the sum of dollars, 

payable monthly at the office of the treasurer of the board of education. 
Entered into this da}' of , 19 — . 

, Tear her. 

, President. 

, Clerk. 

Any special provisions may easily be inserted. 



ORDER ON^THE TREASURER. 
(Form prescribed by Bureau of Inspection and Supervision of Public Offices.) 



i 




I— 1 














1 










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No. Office of Board of Education School District. 

$— , Ohio, , 19—. 

THE TREASURER OF SAID SCHOOL DISTRICT 

Will Pay to 

DOLLARS, 



out of 



Fund in the Treasury. 



For 



By Order of the Board of Education. 
, President. , Clerk. 



204 



FORMS AND INSTRUCTIONS. 



ORDER ON TREASURER WHEN SCHOOL FUNDS ARE IN A 
DEPOSITORY. 

(Form prescribed by Bureau of Inspection and Supervision of Public Offices.) 



i 



No. Office of Board of Education — 

$ , Ohio, 



-School District. 
, 19—. 



THE TREASURER OF SAID SCHOOL DISTRICT 
Will Pay to — 



DOLLARS, 



out i .i 
For — 



Fund in the Treasury. 



By Order of the Board of Education, 
, President. 



-, Clerk 



Payable at 



Bank, 



-, Ohio. 



-, Treasurer 



CERTIFICATE OF ANNUAL SCHOOL LEVY. 
' (Form prescribed by Bureau of Inspection and Supervision of Public Offices.) 

To the Auditor of County : 

It is hereby certified by the Board of Education of 

School District, County, that the entire amount 

necessary to be levied upon the property of said school district for school pur- 
poses, during the next school year, as directed by Sec. 758G G. C, is as follows: 



For Tuition Fund 

For Building Fund , 

For Contingent Fund 

For Bonds, Interest and Sinking Fund. 
For 

By Order of the Board of Education. 



mills. $, 

mills. $. 

mills. $. 

mills. %. 

mills. $. 



, Clerk. 

, Ohio f 19 



CERTIFICATE OF SCHOOL FUNDS IN TREASURY. 

We hereby certify that, by a count, as required by law, of all the money, 

bonds and securities in the hands of — , treasurer of school district 

county, Ohio, made this - - day of , 19—, in the presence of the 

clerk of the board, we find ■ dollars [and bonds, etc., in value amounting 

to - dollars] of school funds to be in the treasury on the date above 



FORMS AND INSTRUCTIONS. 205 

named, and we have directed the clerk to enter upon the records of the board 
.a copy of this report. , 



Board (or committee.) 

Attest: , President. 

, Clerk. 

[See section 4767 of the General Code.] 

i 
TRANSFER OF TERRITORY. 

(Minutes of Boards.) 

Resolved, That the following described territory be and the same is hereby 

transferred from school district, county, Ohio, to school 

-district, county, Ohio, subject to the provisions of section 4692, General 

Code of Ohio [give description.] 

Resolved, That the clerk be instructed to notify the board of education of 

school district of county, Ohio, of the passage of this resolution, 

and upon similar action being taken by said board that said clerk file a cer- 
tified copy hereof with the county auditor, together with a correct map of the 
territory described. 

Note: — A majority of the full membership of the boards is necessary to 
carry such a resolution and a yea and nay vote is required. 

LEASE TO SCHOOL DISTRICT. 

Ktwzv oil men by these presents : 

That , of the county of , and State of , for the con- 
sideration herein mentioned, does hereby lease unto the board of education of 

the township of , county and state aforesaid, its successors and assigns, 

the following premises, to-wit : [Here insert description], with all the privileges 
and appurtenances thereunto belonging; to have and to hold the same for and 

during the term of years from the day of , 19 — . And the said 

board of education for itself and assigns, does covenant and agree to pay the 

said for the said premises, the annual rent of dollars. [Insert 

date and place of payment.] 

In witness whereof, the said parties hereunto set their hands, this 

day of , 19 — . — , Lessor. 



President of the Board. 
, Clerk. 



Signed, sealed, and acknowledged in the presence of 



State of Ohio, ■ County, ss. : 

Before me, a in and for said county, personally appeared - 

grantor in the above instrument, and acknowledged the same to be ■ volun- 
tary act and deed, for the uses and purposes therein mentioned. 

In testimony whereof, I have hereunto subscribed my name an 1 affixed rrn 
seal, this day of — , A. D. 19—. 

(Title.) 



206 FORMS AND INSTRUCTIONS. 

If the lease be for three years or more, it must be acknowledged, attested by- 
two witnesses, and recorded. If for a less term, it need not be executed with 
these formalities. See section 8517. T4ie consideration may be money or any- 
thing else, and the form varied accordingly. The above form is for a long lease. 

OATH OF CLERK OF BOARD OF EDUCATION. 

The State of Ohio, County, ■ ■ Township, ss.: 

Before me, , personally came , who, being duly sworn 

according to law, says that he will support the constitution of the United State- 
and the constitution of the state of Ohio ; and that he will faithfully discharge 

his duties as clerk of the board of education of the — — — ■ school district ■ 

in county, Ohio, during his term of office, and until his successor is 

chosen and qualified. 



— of said B 

Sworn to before me and signed in my presence, on day of — 

A. D. 19—. 



(Title.) 



CLERK'S BOND. 



Know all men by these presents, That we, , , are 

held and firmly bound unto the state of Ohio, in the sum of dollars, 

for the payment whereof we jointly and severally bind ourselves. 

Signed and sealed by us this day of , A. D. nineteen hundred 

and 

Whereas, the said has been duly chosen and qualified as clerk of 

the board of education of district , in township, county, 

and state of Ohio, for the term of one year from the day of January, A. D. 

19 — , and until his successor is chosen and qualified. 

Now, the condition of the above obligation is such, that if the said 

shall faithfully perform all the official duties required of him as clerk of said board, 
then this obligation will be void ; otherwise it shall be and remain in full force. 



The sureties on the above bond, and its amount, approved by said board this 
day of , A. D. 19—. 



President of said Board. 



FINAL RECEIPT OF CLERK. 



. , Ohio, , 19- 

Received of -, late clerk of school district, the sum of 



dollars, the record book, account book, school laws, teachers' certificates and 
reports, and the other official books and papers in his hands. 

, Clerk. 

See section 1777 



FORMS AND INSTRUCTIONS. 20J 



OATH OF TREASURER OF BOARD OF EDUCATION. 

The Sthte of Ohio, County, ss.: 

Before me, , personally came , who beings duly sworn 

according to law, says that he will support the constitution of the United States, 
and the constitution of the state of Ohio; and that he will faithfully discharge 

his duties as treasurer of the board of education of the school district 

county, Ohio, during his continuance in said office, and until his 

successor is chosen and qualified. 



Sworn to before me and signed in my presence, on this day of 

10—, by the said . 



-of said Board. 



TREASURER'S BOND. 
(City, village and township districts. ) 

We, the undersigned — — as principal and - 

an <j . — as sureties, hereby acknowledge ourselves as firmly held unto 

the state of Ohio in the penal sum of — — ■ dollars for the payment 

whereof we jointly and severally bind ourselves, our heirs, executors and ad 
ministrators. 

Signed and sealed by us this day of , A. D. 19—. 

The condition of the above obligation is this, that whereas the said - 

fcity ) 

has been duly elected as treasurer of the - village V of - — , and 

/ township i 
ex-officio treasurer of the school funds of the - - school district, in the 

county of — • and state of Ohio, for the term of two years from the 

day of January, A. D. 19 — , and until his successor is elected and 

qualified according to law; now if the said shall faithfully dis- 
burse, according to law, all school funds which come into his hands, then this 
obligation shall be void; otherwise it shall be and remain in full force and effect. 



The sureties on the above bond, and its amount, approved by said board 
this day of — — , A. D. 19—. 



President of said Board. 



Clerk of said Board. 
TREASURER'S BOND. 

(Special district.) 

We, the undersigned as principal and 

and ■ as sureties, hereby acknowledge ourselves as firmly held unto 

the state of Ohio in the penal sum of - — dollars for the payment 

whereof we jointly and severally bind ourselves, our heirs, executors and ad- 
ministrators. 

Signed and seared by us, this - da\ - A. D. 19—. 



■208 



FORMS AND [NSTRUCTIONS. 



The condition of the above obligation is this, that whereas the said 
has been duly chosen treasurer of the board of education of 



district of , in township, county, and state of Ohio, for 

the term of one year from the first day of September, A. D. 19—, and until his 
successor is chosen and qualified; now if the said shall faithfully dis- 
burse, according to law, all school funds which come into his hands, then this 
obligation shall be void; otherwise it shall be and remain in full force and effect 



The sureties on the above bond, and its amount, approved by the board of 

education of said school district, this day of , 

A. D. 19—. 



President of said Board. 



Clerk of said Board. 

FINAL RECEIPT OF TREASURER. 

* • , Ohio, , 19—. 

Received of , late treasurer of school district 



county, the sum of dollars, and the following securities, bonds, and 

other school property, to-wit : — — 

, Treasurer. 

COMPLAINT IN REGARD TO SCHOOL FUNDS. 
To the State Commissioner of Common Schools: 

Sir: I respectfully submit the following state of facts as existing in 

school district, ; county, Ohio. 

(Statement of complaint containing one of the causes mentioned in section 
361, G. C.) 

In consideration of the above statement I respectfully request the appoint- 
ment of some competent accountant to investigate the condition of he school 
funds of said district. 

, Complainant. 

Stole of Ohio, County, ss. : 

\ t f f anc l ^ ^0 solemnly swear (affirm) 

that the statements made in the foregoing complaint are true to the best of my 
knowledge and belief. 



Sworn to by , , and , and subscribed in 

my presence this — ■ day of — , 19 — . 



(Title.) 
I hereby certify that , ! , and — — 



freeholders and taxpayers, residents of school district. 



County Auditor, 
. Ohio, , 19—. 



FORMS AND INSTRUCTIONS. 200, 



COMPULSORY EDUCATION LAW. 



NOTICE TO PARENT OR GUARDIAN. 

State of Ohio, County, ss. : 

To . 

You are hereby notified that , a child between the ages of 

and years, under your charge, is not attending school, that such non- 
attendance is in direct violation of the law and without legal excuse. 

You are hereby required to cause said child to attend some recognized school 
within two days from the date of this notice, and you are warned that if the 
truancy of said child is persisted in the final consequences will be as provided 
by law, as indorsed hereon. 

Witness my hand this day of , 19 — . 



Truant Officer. 
school district, county, Ohio. 



Print sections 12977 and 624G on reverse side of form. 



NOTICE TO TRUANT. 



State of Ohio, County, ss. : 

To , a child between the ages of and years. 

You- are hereby notified that you are and will be required to attend some 
recognized school within two days from the date of this notice, and you are 
hereby warned that if this notice is not complied with the final consequences 
will be as provided by law as indorsed hereon. 

Witness my hand this day of , 19 — . 



Truant Officer. 
school district, county, Ohio. 



Print section 7774 in full on reverse side of form. 



• NOTICE TO EMPLOYERS OF YOUTH. 

To [Here insert name of person, company or corporation] : 

Your attention is respectfully called to sections 7765-7767, 7769-7771, 7782-7783, 
12975, 12976, 12981-12985, to compel the elementary education of children. 

In compliance with the provisions of this act, you are requested to return to 
me on this blank the names, ages, and residences of all minors under four- 
teen years of age employed by you, also all minors between fourteen and six- 
teen years of age, and to state whether you have a certificate from the superin- 
tendent of schools, or clerk of the board of education that authorizes you to 
employ such minors. 



Clerk of Board of Education. 

14 s. i,. 



210 



FORMS AND INSTRUCTIONS. 



I 

Names of Minors. 


Age. 


Residence. Certificate— Yes or No. 






1. 


















































1 

1 






]...... 







In cities this notice may be signed by the superintendent of schools. 

This certificate must be kept on file until the youth reaches the age of six- 
teen years and must be accessible to the Truant Officer and the Inspector of 
Factories at all times. 



AGE AND SCHOOLING CERTIFICATE. 



I, 



-, being 



(^Superintendent of Schools 

the J Person duly authorized by the Superintendent of Schools V of the 

I Clerk of Board of Education J 

L School District of County, Ohio, hereby certify 



that 



ft. 



(the description of whom is as follows 
inches; complexion— — : hair 



Height 



■) was born at 



, in the county of 



-, State of 



-. on the 



day of 



I • that - has been examined and has passed a satisfactory fifth grade 

test in reading, spelling, writing, English grammar, geography and arithmetic; 
that the papers enumerated and described in Section 7766 of the General Code 
of Ohio have been by me duly received, examined, approved and filed ; and that 

said _ Sj as to development, health and physical fitness, 

able to perform the labor, in which is to be employed by- — • 

Approved by me, and signed in my presence by the aforesaid,, , 

this day of — , 1 • 

(Signed) 



Title of Approving Officer. 



Signature of Child. 



I, 



-, Superintendent of Schools of 



School District, 

authorized the above named 
and Schooling Certificate. 



County,. Ohio, hereby certify that I have duly 
— , to approve the above Age 



(Signed) 



Superintendent of Schools of 
. School District. 



TEACHER'S REPORT. 



(Section 7772.) 



, Ohio, , 19.. 

To the Clerk of the Board of Education of County, Ohio. 

The following is a correct list of the pupils attending my school during 



the month ending 



19 



Teacher 



Names of Pupils 



Age. 



Residences. 






(211 






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(•212 



(House Bill No. 64) 
AN ACT 

To amend Section 4752 of the General Code, relating to the 
transaction of business by boards of education. 

Be it enacted by the General Assembly of the State of Ohio : 

Section i. That Section 4752 of the General Code, be amended 
so as to read as follows : 

Sec. 4752. A majority of the members of a board of education shall 
constitute a quorum for the transaction of business. Upon a motion 
to adopt a resolution authorizing the purchase or sale of real or personal 
property or to employ a superintendent or teacher, janitor or other 
employe or to elect or appoint an officer or to pay any debt or claim 
or to adopt any text book, the clerk of the board shall publicly call the 
roll of the members composing the board and enter on the record the 
names of those voting "Aye" and the names of those voting "No". If 
a majority of all the members of the board vote aye, the president shall 
declare the motion carried. Upon any motion or resolution, a member 
of the board may demand the yeas and nays, and thereupon the clerk 
shall call the roll and record the names of those voting 'Aye" and those 
voting "No". Each board may provide for the payment of superintend- 
ents, teachers and other employes by pay-roll, if it deems advisable, but 
in all cases such roll call and record shall be complied with ; provided, 
that boards of education of township school districts may provide for 
the payment of teachers monthly if deemed advisable upon the pres- 
entation, to the clerk, of a certificate from the director of the sub-dis- 
trict in which the teacher is employed stating that the services have been 
rendered and that the salary is due ; the adoption of a resolution author- 
izing the clerk to issue warrants for the payment of the teacher's salary 
on presentation of such certificate shall be held as compliance with the 
above requirements. 

Section 2. That said original Section 4752 be and the same is 
hereby repealed. 

GRANVILLE W. MOONEY, 
Speaker of the House of Representatives. 

FRANCIS W. TREAD WAY, 

President of the Senate. 
Passed May 10, 1910. 
Approved May 19, 1910. 

JUDSON HARMON. Governor. 



(214) 



INDEX 



A 

Absence. PAGE 

Excuse for, 77(J3 117 

Habitual truant, punishment, 7773 121 

Abstract. 

Enumeration, failure to transmit to county auditor, action taken, 

7800 ." 130 

Auditor of county to transmit to state commissioner of com- 
mon schools , 7803 131 

Statistics, transmitted by county auditor to state commissioner of 

common schools, 7789" 127 

Academy. (See College.) 

General provisions as to, 9022-9989 182-198 

Military, how constituted, 9960 191 

Board of visitors for, 9961, 9962 191, 192 

Report of to state commissioner of common schools, 359 14 

Account. 

Clerk of school districts, how kept, 4778, 4779 57 

Common school fund, 7580, 7581 " 66-67 

Educational institutions, accounts of officers, 9975 195 

School funds, account of. by auditor of state, 7580, 7581 66-67 

Schools specially endowed, accounts of, 7993 180 

Treasurer of school funds, accounts of, 4778, 4780 57 

University of municipality, trust funds, 7918 164 

Accountant. 

A ppointment of to investigate funds, 362 15 

Powers , duties and compensation , 363 15 

Account Books. 

Clerks and treasurers furnished by county auditor, 4778 57 

Advertisement. (See Notice.) 

Building school houses, bids for, 7623 78 

Age. 

Youth of school age, 7681, 7794 95, 129 

Agricultural Departments. 

Board may establish , 7722 107 

Alcoholic Drinks. (See Scientific Temperance Instruction.) 

(211 



2l6 '-INDEX. 

Alumni. (See Colleges.) page 

Election of trustees and visitors , by , 9945 , 9947 1ST . 188 

Annexation. 

Territory to city or village, 4690 31 

Appeal. 

County commissioners, when board of education fails to provide 

proper school facilities, 7610 74 

Probate court, excuse of child from school, to, 7764 117 

Special districts, creation of, 4728-4732 42, 43 

Transfer of territory, 4693, 4694 32 

Appointment. (See Respective Titles of Boards, Officers, Etc.) 

Apportionment. 

Salt lands, interest on proceeds of sale of, 7577 66 

State school funds, by auditor of state, 7582, 7583 67 

When county line divides original surveyed township, 7585.... 68 

School funds, by county auditors, 7600, 7602 71, 72 

Annexation of territory to city or village, after, 4696 32 

Distribution of money after apportionment, 7601 71 

Township to newly created special district, 4732 43 

Special district, after abandonment, 4732 43 

Transfer of territory, after, how made, 4696 32 

Village, surrender of corporate powers, after, 4688 30 

Appropriation. 

Private property, of, for school purposes, 7624 79 

University of municipality, appropriation for, 7906 161 

Vote necessary for certain appropriations by board, 4752 50 

Arbor Day. 

Governor shall appoint and set apart, 7688 97 

Manual, state commissioner to issue, 358 14 

Art Association or College. 

Accounts, 9963 192 

Attorney general to enforce trusts of, 9977 195 

Bequests , etc. , may accept , 9924 183 

Objects, articles of incorporation may be extended to others, 9973.. 194 

Trustees ineligible to office in, 9976 195 

Articles of Incorporation. 

Educational institutions, certain, 9966 192 

Fine art, law, etc., association, what may provide, 9972 194 

Supplement for colleges , 9973 * 194 

Assessment. 

Colleges, etc., amount, how fixed, 9958, 9959 191 

' Meeting for, 9957 191 

Stockholders , against , 9956 191 

Assignment of Youth. 

Board of education may make , 768 i 96 



INDEX. 217 

Astronomical Observatory. page 

University of municipality, may establish, 7908 162' 

Tax levy for, 7908 162 

Attendance. (See Compulsory Attendance.) 

Compulsory education, requirements, 7762-7764 117 

Night schools, at, 7679, 7680 95 

One and one-half miles from school, privilege of pupils living, 7735 110 

Non-residents, by agreement of boards of education, 7734 110 

Youth entitled to attend school free, 7681 95 

Attorney General. 

Educational institutions, duties as to, 9977 195 

Ohio State University board, legal adviser of, 7953. 171 

Auditor. (See County Auditor.) 

Auditor of State. 

Apportionment of school funds, by, 7982-7984 177-178 

Bequests to school funds, accounts of, 7581 67 

Ohio State University, duties as to, 7972 176 



B 
Ballot. (See Election.) 

City districts divided into sub-districts, form of, 5034 61 

School elections, deposited in separate box, 5049 61 

Special districts, furnished by deputy supervisors, 4748 47 

Abandonment or continuance, form of, 4741—4743 44-^45 

Ballot Box. 

Separate, for school elections, 5049 61 

Special districts , in , 4748 47 

Bequests. 

Boards of education may accept, 4755 51 

College or university may hold in trust, 9924' 183 

Common school fund, to, how applied, 7581 : . . . . 67 

Ohio State University, bequests to, 7951 189 

Bids, Bidders, Bidding. 

Bonds, bids for sale of may be received, 7626 82 

Depositories of school funds, competitive bidding for, 7604—7607 72-73 

School houses , construction of , 7623 78 

Blanks. 

Board of education, report of, blanks for, 7788 127 

County auditor to distribute, 7788, 7789 127 

Blank books, furnished by, 4778 57 

Form of prescribed by state commissioner, 357, 7815 14, 135 

School youth, blanks for enumeration of, 7803 131 

Teachers' report of attendance under compulsory education law, 

7772 107 

Truant officer, blanks for, 7771 120 



2l8 INDEX. 

Blind. page 

School, attendance of blind person compulsory, 7778 124 

Board of Education. (See School Districts.) 
City School Districts, in 

Attached territory, duty in regard to, 4706 35 

Board of examiners in, to appoint, 7838 r 140 

City Solicitor, is legal adviser of, 4761 53 

Shall not be a member of the board, 4762 53 

Civil service for employees, 7690-1-7690-6 98-100 

Clerk, election of, 4747 47 

Compensation of examiners , 7853 143 

Constituted how, board of education, 4698-4700 34 

Deaf children, schools for authorized, 7755 114 

Director, election of authorized, 7694 101 

Examiners, appointment of, 7838 140 

Meetings of , 4747 47 

Members of, 4698-4700 34 

Election of, qualifications, terms, 4702-4704 35 

Organization of board, 4747 47 

Physical training, instruction in , 7721 107 

President , election of , 4747 47 

Redisricting of cities, 4701, 4707 34, 36 

Report, publication of, 7784 126 

Sub-districts, division into, 4700 34 

Superintendent, election of, 7702 103 

Teachers, appointment of, confirmed by, 7703 103 

Teachers' institutes in, 7871-7874 150, 151 

May dismiss school to attend, 7869 150 

Vacancies in board, how filled, 7610 74 

Clerk of. (See Clerk of Board of Education.) 
Special Districts. (See Special Districts.) 

Clerk, election of, 4747 47 

4 Constituted how, 4729-4732 42-43 

Conveyance of pupils, may provide for, 7732 44 

Election of, 4736 44 

First election , 4737 44 

Members of, 4736 44 

Term of office, 4737 44 

Organization of board , 4747 47 

President , election of , 4747 47 

Superintendent , election of , 7705 103 

Teachers, election of, 7705 103 

Township Districts. (See Township Districts.) 

Attached territory, duty as to, 4714 39 

Centralization of the schools by, 7730, 7731 109 

Election on question of, 4726 41 

Clerk of board, township clerk is, 4747 47 

Compensation of, 4715 39 

Constituted , how , 4712 38 

Election of, 4712 38 

Meetings of , 4747 47 

Members of, 4712 38 

Term of, 4713 3 r 



INDEX. 219 

Board of Education — Continued. page 

Organization of , 4747 47 

President, election of, 4747 47 

Sub-districts, recognition of, 4716 39 

Boundaries of, how changed, 4716 39 

Superintendent, election of, 7705 103 

Teachers, election of, 7705 103 

Teachers, payment of, monthly 214 

Village Districts. (See Village Districts.) 

Attached territory, duty as to, 4711 37 

Clerk, election, 4747 47 

Constituted how , 4708 37 

Election of, 4708 37 

In newly created villages, 4710 37 

Members of, 4708 37 

Term of, 4709 37 

Organization of, 4747 17 

President , election of , 4747 47 

Superintendent, election of, 7705 103 

Teachers , election , 7705 103 

General Provisions. 

Absence of clerk, 4753 50 

Accommodation for all children, 7738 110 

Admission to schools of those not entitled by right to attend, 

7682 96 

Appropriate private property, may, 7624 79 

Assignment of pupils to schools, 7684 96 

Attendance compulsory, 7762-7783 117-125 

Attestation of record of, 4754 50 

Bequests, acceptance and rules, 4755 51 

Bond of treasurer, approval of, 4764 54 

Bonds issued by, for school house, 7625-7630 80-83 

Borrow money, may, when, 5656 80 

Centralization of township schools, authorized, 7730, 4726, 

4727 109, 4v 

Children's home, school at, authorized, 7676-7678 94 

Commercial departments, may establish, 7722 107 

Compensation, none except, 4757 51 

Contingent fund, what constitutes, 7603 72 

County commissioners to levy, when, 7610 74 

Estimate for, to be made by board, 7586 68 

Levy, certificate of to county auditor, 7594 70 

Contract of, no member shall have interest in, 4757 ■ 51 

Must be authorized by board, 4757 51 

With teachers, what constitutes, 7699 102 

Contract for building, repairing, etc., how let, 7623 78 

Conveyances, how executed, 4749, 4757 48, 51 

Corporate powers of , 4749 48 

Deaf children, schools for, 7755-7760 114-115 

Elections. (See Elections.) 

Elementary schools, shall establish, 7644 87 

Embezzlement by members, penalty for, 12878 58 

Employe's of, may appoint, 7690 



220 INDEX. 

Board of Education — Continued. page 

Entertainment in school houses, 7622 78 

Evening schools, 7679, 7680 95 

Exchange of real property by, 4758 52 

Exemption from taxes and execution, 4759 52 

Expulsion of pupils, vote necessary, 7685 96 

Female suffrage , 4862 60 

Flag, U. S., on school houses, 7621 78 

Forms relating to bonds 206 , 207 

Funds in hands of treasurer, duty of board as to, 4764 54 

Free school books, 7739 Ill 

German language, teaching of, 7729 108 

High schools, board may establish, 7663, 7665, 7669 91, 92 

Infirmary, school at, 7676 . . . 94 

Intoxicating liquors, to cause instruction as to, 7723, 7725 108 

Kindergarten may be established , 7722 107 

Library. (See Library.) 

Manual training department, may establish, 7722 107 

Meetings illegal , when , 4750 48 

Non-residents, admission of to schools, when, 7682, 7734 96, 110 

Oath of members and officers , 4746 46 

Who may administer, 4746 4& 

Orphans' asylums, schools at, 7676 94 

Penalty on members for neglect of duty, 7610 74 

Personal liability of board members , 7611 74 

Process against, how served, 4760 53 

Property of boards exempt from taxation and execution, 4759, , 52 

Prosecuting attorney, legal adviser of, 4761 53 

Quorum of, 4752 50 

Record of proceeding of , 4754 50 

Record of schools, kept by teachers and superintendents, 7784.. 126 

Relief of children, board authorized to afford, 7777 123 

Report by, made to county auditor, 7787... 127 

Superintendents' and teachers' report to board, 7784 126 

Resolutions requiring yea and nay vote, 4752 50 

Rules and regulations of , 4750 48 

Sale of property by, 4749 48 

At private sale, when, 4756 51 

At public auction, 4756 51 

Schools, control and management of, to have, 7690 98 

Continued, must be, how long, 7644 87 

Employes, appointment, dismissal and salaries of, 7690, 

7705 '. 98, 103 

Sufficient number must be provided, 7644.. 87 

School houses, grounds, etc., to provide, 7620 77 

Contracts for, bidding and letting, 7623 78 

Use of for purposes other than educational, 7622 78 

Scientific temperance instruction, duties as to, 7723, 7724 108 

Service of process on , 4760 53 

Special meetings of, how called, 4751 49 

State commissioner of common schools to confer with, 354.... 13 

Superintendent, appointment of, 7690, 7702, 7705 98, 103 

Surety of treasurer, additional may be required, 4765 54 

Suspension of pupils, 7685 96 



INDEX. 221 

Board of Education — Concluded. page 
Taxation by. (See Tax.) 

Tax levy by board for school house, 7625-7629 80-83 

Maximum levy, 7591 69 

School property exempt from , 4759 52 

Teachers, employment and dismissal of, 7691, 7703, 7705 100, 103 

Certificate, must have, 7830 138 

Order for pay of, when illegal, 7786 126 

Pension fund, may provide, 7875-7896 152-156 

Teachers' institutes, aid for, in cities, 7872, 7873 150 

Text books, adoption of, 7711-7716 105-106 

Free school books , 7739 Ill 

Publishers' failure to furnish, action by board, 7712 105 

Purchase and sale of by board, 7715 106 

Tie vote, decided by lot, 5121 61 

Transfer of territory, by, 4692-4694 31, 32 

Treasurer of. (See Treasurer of Board of Education.) 

Truant officer, must employ, 7769 120 

Tuition, agreement between boards for payment of, 7734 110 

"One and one-half mile" law, 7735 110 

"Patterson Law," payment under, 7747, 7748..... 112 

U. S. Flag, display of, 7621 78 

Vacancies in, how filled, 4748, 7610 47, 74 

Vaccination, may enforce rules, 7686 '. 97 

Free, when, 7686 97 

Yea and nay vote, when required, 4752 50 

Board of Examiners. (See State Examiners, County Examiners, City Examiners.) 

Board of Health. 

Vaccination , 7686 97 

Board of Visitors. 

Alumni may appoint , 9945 187 

College of, 9940 186 

Compulsory education , duties as to , 7782 124 

Military academies, of, 9961, 9962 191-192 

Religious bodies may appoint, 9940 186 

Schools especially endowed , of , 7994 181 

Bond. 

Clerk of board of education of, 4774 56 

Clerk of city board of examiners, 7842 141 

Clerk of county board of examiners, 7836 140 

Compulsory education, parents must give, 7773 121 

Depository of school funds, required of, 7604-7608 72 

Forms of 206, 207 

Ohio State University, treasurer of, 7944, 7945 170 

Schools specially endowed, trustees of, 7988 179 

State commissioner of common schools, of, 353 13 

Security for cost, petition for special district, 4730 42 

Teachers' institute committee, of, 7860 148 

Forfeiture of, 7867 149 

Treasurer of board, 4764 54 

Wilber force University, treasurer of, 7983 177 



222 INDEX. 

Bends. page 

Exchange of , by board , 5657 80 

Educational institutions may issue, 9932 184 

Issue and sale of, 2294, 2295, 7626, 7627 82, 83 

Money must go to funds for which bonds were issued, 7628... 82 

Par, must be sold at, 7627 82 

School house, bonds for, 7625-7630 " 80-S3 

Sinking fund , 7613-7619 75-76 

Refunding of , 5658 81 

Levy to pay , 5659 81 

Books. (See Text Books. Libraries.) 

Blank books, furnished by county auditor, 4778 57 

School fund, examination of books, 361-367 15-16 



C 
Centralization. 

Board of education may centralize schools, 7730, 7731 109 

May be discontinued, when, 4727 41 

Petition for , 4726 41 

Submission of question of , 4726 41 

May submit , 4726 41 

Must submit, 4726 41 

May be resubmitted , when , 4726 41 

Transportation of pupils, 7730, 7731 109 

Certificate. 

Branches of study enumerated, 7830 138 

City districts, examinations in, 7838 140 

Granting certificates in , 7814-7850 142-143 

Revocation of certificates in, 7850 143 

County certificate, majority of board may grant, 7818 136 

Examination fee , 7818 136 

Grades of, different, 7821-7833 136-139 

Granting of, 7821. 78-18 136. 142 

Requirements necessary, 7830-7832 138-139 

Revocation of , 7827 137 

Special , granting- of , 7829 , 7832 138 . 139 

Valid, where, 7821, 7823, 7847 136. 137. 142 

Scientific temperance, examination in required, 7726 108 

State certificates, issue of, 7807 133 

Effect of , where valid , 7808 134 

Examination fee , 7809 134 

Revocation of, 7808 134 

Tax levy, certificate to county auditor of, 7594, 7598 70-71 

Teachers must have . 7830-7832 138-139 

Filed with clerk, copy must be, 7786 126 

Transfer of territory, certificate of to county auditor, 1692 31 

Charter. 

Educational institutions, amendment of. etc.. 9966 192 



INDEX. 223 

Children's Home. page 

Children at, can attend schools, when . 7681 95 

Schools at, 7676 !>4 

Christmas. 

Dismissal of schools on , 76S7 97 

Cincinnati. 

University of , 7915-7922 163-165 

City Districts. 

Advancement to , 4686 30 

Attached territory, assignment of, 47<»tj 35 

Voting in, 4706 

Attendance in, compulsory, 7762-7764 117 

Board of education, election of, 4698-4705 34-35 

Membership, 4698-4700 34 

Meetings , 4747 47 

Organization, 4747 47 

Qualifications of members, 4705 

Special meetings of, how called, 4751 49 

Term of members, 4702 , 4703 35 

Board of examiners, 7838, 7854, 7855 140, 144 

City solicitor , legal adviser , 4761 . . . *. 53 

Clerk of board of education. 4747. 4774, 4781 47, 56 

Deaf children, schools for, 7755-7761 114-115 

Decennial redistricting of, 4701 34 

Defined, 4680 

Director may be appointed , 7694 101 

Redistricting of, 4701. 4707 34 

Sub-districts , division into . 4700 34 

State school commissioner, by . when , 4701 34 

Superintendent , election of , 7702 

Teachers, election of, 7703 103 

Teachers' institutes , in , 7871 

• Treasurer of school boar' ! 77:> , 1781 54-56 

City Examiners. 

Appeal from, -7857 144 

Appointment, term, vacancies, 7338, 7839 140-141 

Compensation and expenses of, 7853 143 

Examinations, how conducted, 7840 141 

Expert, assistance of in difficult branches, 7841 141 

Fees , disposition of , 7853 143 

Granting of certificates, 7844-7846 142 

Revocation of certificates, 7850 143 

Meetings of, 7843 142 

Membership, number, qualifications 7838 140 

Organization of board, 7842 141 

Record, how kept, 7854 143 

Report of appointment, to state school commissioner. 7839 141 

Revocation of appointment , 7839 141 

Scientific temperance, examination, 7726 108 



224 INDEX. 

City Solicitor. page 

Legal adviser of boards of education , 4761 53 

Shall not be a member of the board , 47G2 .' . 53 

Classification. 

Change of, by advancement, 4686, 4687 30 

City districts, 4680 29 

Special districts, 4684 30 

Township districts , 4683 30 

Village districts, 4681, 4682 29, 30 

Clerk of Board of Education. 

Abandonment of special districts, duties of special and township 

clerks as to , 4741 44 

Absence of, at meetings, who acts, 4753 50 

Accounts of, how kept, 4778 55 

Blanks for reports under compulsory education law, must furnish, 

7772 121 

Bond of , 4774 56 

Certificate of estimate for tax levy, to county auditor, 7594 70 

Transfer of territory, of, when, 4692 31 

City districts, of, 4747 47 

Compensation of , 4781 58 

Compulsory attendance, may excuse from, 7763 117 

Election of, 4747 47 

Embezzlement by, penalty for, 12878 58 

Enumeration return to county auditor, 7799 130 

Liable for damages for failure to make, 7800 130 

Penalty for failure, 7802 131 

Forms relating to 199-212 

Moneys received by, must be reported to county auditor, 4768 55 

Notice of election, 4839 60 

Oath of, 4746 46 

May administer to others , 4746 46 

Order on treasurer, must sign, 4768 55 

For teachers' pay, illegal, when, 7786 126 

Petition for transfer of territory, 4693 32 

Publication of receipts and expenditures, 4776 57 

Record of proceedings, kept by, 4754 50 

Reports required of, 355, 4775, 7787, 7788 13, 55, 127 

Penalty for failure to make, 7790, 7791 128 

State school commissioner may require, 355 13 

Roll call , when required , 4752 50 

Special district, of, 4747 47 

Successor, property turned over to, 4777 57 

Township commencement, clerk to hold, 7742 Ill 

Township districts , of , 4747 ' 47 

Village districts, o'f, 4747 47 

Clerk of Board of Examiners. 
City Boards. 

Bond of, 7842 141 

Compensation of , 7853 143 



INDEX. 225 

Clerk of Board of Examiners— Concluded. 

t->i • <■ _~ ~ PAGE 

Election of , 7842 -, ... 

Fees, disposition of, 785-5 244 

Record, kept by , 7854 

Reports of, 7839, 7854 .141, 144 

County Boards. 

Bond of, 7836 140 

Compensation of , 7837 14 q 

Election of, 7815 -,q 5 

Fees, disposition of, 7820 , jog 

Record to be kept, 7815 135 

Report by to county auditor, 7820 23 6 

To state school commissioner, 7815, 7836 135 140 

Clerk of Township. (See Township Clerk.) 

Coat of Arms. 

Device of, state of Ohio, 30 12 

Colleges and Universities. 

Incorporated Institutions. 

Accounts of, how kept, report, 9975 195 

Alumni may elect trustees , 9945 187 

Appoint visitors , 9945 2g 7 

Election, conduct of, 9946, 9947 187 igg 

Attorney general, duties as to, 9977 ' 195 

Board of trustees, election of, 9951 Igg 

Members, increase in number, 9950, 9978 .' ,.189, 196 

Ineligible, who are, 9976 ' ' 195 

Quorum of , 9943 ' jg 7 

Term of office, 9963 192 

Vacancies, how filled, 9930 jg 4 

Bonds, trustees may issue, 9932 \[[ lg4 

Charter, amendment of, 9966, 9969 [[ '^92 193 

Directors and trustees of certain associations, 9972 ' 194 

Endowment fund of , 9948 14 g 

Diverted, how, 9929 184 

Faculty of, its powers, 9925 18 3 

Laws, benefits of, how acquired, 9944, 9949 187, 189 

Location, change of, 9928, 9964 ^183' 192 

Mechanics and agriculture, 9926 ' |g3 

Mechanics, institutes may borrow money, 9982 197 

Directors' liability, 9983 297 

Medical college, bodies for dissection, 9984, 9989 197, 198 

Name, change of, 9966, 9969 '192' 193 

May be religious denomination, 9951 189 

Organization of, 9922 jg2 

Patron, who may be, 9939 ig(j 

Property, increase of, '9931 Ig4 

Sale of, 9965 192 

May hold in trust, 9924 Ig3 

Purposes, set forth, may be, when, 9951 189 

Change of, 9966, 9969 192, 193 

May be added to, 9973 [ ' 194 

15 s. 1.. 



226 INDEX. 

Colleges and Universities — Concluded. page 

Religious control of, 9934-9938, 9952, 9953 185-186, 190 

Religious body entitled to representation, 9942 187 

Representation to cease, when, 9941 187 

Statement of property to be filed, 9933 185 

Stock changed to scholarship, 9927 183 

Stockholders' liability, 9956, 9959. 191 

Visitors, appointment of, 9940 186 

Commencements. 

County commencements under "Patterson Law," 7744 112 

Township commencements under "Patterson Law," 7742 Ill 

Expenses of, how paid, 7746 112 

Commercial Departments. 

Boards of education may maintain, 7722 107 

Commissioner. (See State Commissioner of Common Schools, County Com- 
missioners.) 

Common Pleas Court. 

Judge of, duty as to report of examiner of funds, 367 16 

Schools specially endowed, appointment of trustees for, 7987 179 

Common School Fund. (See Funds.) 

Compensation. 

Board of education, members of, shall not receive, 4757 51 

City boards of examiners, of, 7853 143 

Clerk of board of education , 4781 58 

County auditor, of, 7793 128 

County examiners, of, 7834 139 

Clerk of, 7837 140 

Under "Patterson Law," 7745 112 

Enumerators, of, 7797 130 

Examiners of school funds, 366 16 

Ohio State University, officers of , 7949 171 

Prosecuting Attorney, shall not receive, 4762 53 

Treasurer of board of education , 4781 58 

Complaint. 

Form 208 

Funds, fraudulent use of, in regard to, 361 15 

Compulsory Attendance. 

Age of youth affected, 7762-7768 117-120 

Attendance necessary, 7763 117 

Minors between 14 and 16, 7767 119 

Blind institution , in regard to , 7778 124 

Board of county visitors, duties, 7782 '124 

Branches of study required , 7762 117 

Corporation , violation of by, penalty, 12982 125 

Costs of proceedings paid by county, 12988 125 



INDEX. 227 

Compulsory Attendance — Concluded. page 

Deaf and dumb institution, in regard to, 7778 124 

Delinquency of minors, penalty for aiding or abetting, 1654 21 

"Delinquent child" defined, 1644 18- 

"Dependent child" defined, 1645 • 1& 

Employment of minors under 16, 7765 118 

Between 14 and 16, 7767 .. 119 

Penalty for violation, 12975 125 

Excuse, how obtained, 7763 117 

Forms relating to 209-212 

Free school books, 7739 Ill 

Jurisdiction of courts, 12984 12o 

Juvenile Court, establishment of, 1639 17 

Juvenile disorderly persons, defined, 7768 120 

Proceedings against, 7774 122' 

Penalties for violations, 12981-12983 125 

Repeated violations, 12986 125 

Relief to enable child to attend school, 7777 123 

Reports of public and private schools, 7772 121 

Seating acommodations necessary, 7738 110 

Tax levy authorized, 7738 110 

Truancy, proceedings in cases of, 7773 121 

Truant officer, appointment, powers, duties, 7769-7771 120 

Constitution of Ohio. 

Encouragement of schools, Art. I, Sec. 7 7 

Oath to support, 4746 46 

School funds, preservation of, Art. VI, Sec. 1 7 

Provision of, by taxation, Art. VI, Sec. 2 7 

School laws, excepted from general rule, Art. II, Sec. 26 7 

School property exempt from tax, Art. XII, Sec. 2 8 

Construction. 

Laws of, decisions and opinions, 27 11 

Contingent Fund. 

Apportionment of, 7603 72 

Board of education to provide, 7586, 7587 68 

County commissioners may levy, when, 7610 74 

Tax levy for, certificate to county auditor, 7594 76 

Contract. 

Board of education by, how made, 4757 51 

Members of, shall have no interest in, 4757 51 

Certificate of funds, 5660 81 

Exceptions , 5661 81 

County examiners may, for rent, etc., 7835 140- 

Depository of school funds, for, 7604-7608 72-73 

School houses, how let, 7623 78 

Conveyance. 

Board of education, authorized to make, 4749, 4756 48, 51 

How made, 4757 ■ 51 

Pupils may be conveyed, when, 7730, 7732, 7733, 109- 



228 INDEX. 

Corporations. (See Articles of Incorporation.) page 

Boards of education are, 4749 48 

Educational institutions. (See Colleges and Universities.) 

Ohio State University, 7943 170 

School attendance, violations by agents of, 12981-12983 125 

Schools specially endowed , 7987 179 

Costs 

Special districts , formation , 4730 42 

Security for, 4730 42 

Council. 

University of municipality, powers of as to, 7906-7912, 7921. .. .161-162, 165 

Vaccination of pupils, duty as to, 7686 97 

County Auditor. 

Apportionment of school funds to all districts, 7600-7602 71-72 

Blank books, to furnish to clerk of board of education, 4778 57 

School examiners , 7835 140 

Treasurer of school funds, 4778 66 

Blanks, distribution of to school districts, 7788 127 

Bonds of clerk and treasurer, copy to be filed with, 4764, 4774 54, 56 

Clerk of board failing to report, auditor may appoint other person, 

7791 128 

Compensation of auditor, 7793 128 

Contingent fund, levy for to be certified to, 7594, 7598 70, 71 

Distribution of funds to school treasurers, 7601 71 

Enumeration, returns of to, 7799 130 

Auditor to take , when , 7800 130 

Return to, when county line divides original surveyed township, 

7801 131 

Return b}', to state commissioner, 7803 131 

Fines, collection of, for school purposes, duty as to, 7612 74 

Joint sub-districts, map of to be filed with, 4724 40 

Penalties for not making reports, 7790-7792 127-128 

Reports to, required, 4775, 7787, 7820 57 

Reports of, required, 355, 7703, 7788 13, 103, 127 

School houses., duty as to tax levy for, 7628 82 

Special districts, to certify valuation of, 4729 42 

Tax levy, certified to, 7594 70 

Teachers' institute, funds for, duties as to, 7864 149 

Territory transferred, duties as to, 4692, 4693 31-32 

Treasurer of school districts, settlement with, etc 4769, 4772, 

7600, 7603 55-56, 71, 72 

County Board of Examiners. 

Appeal from, 7857 144 

Appointment of, 7811 134 

Branches of study required for teachers' certificates, 7830-7832 138-139 

Certicates, granting of, 7821, 7824-7826 1367., 137 

Grades of, 7829 138 

Renewal of, 7822, 7823 137 

Revocation of , 7827 137 

# 



INDEX. 229 

County Board of Examiners — Concluded. page 

Clerk, duties of, 7815 135 

Compensation of, 7837 140 

Compensation of members, 7745, 7834 139, 142 

Examination fee , 7818 136 

Disposition of, 7820 136 

Expenses of board , how paid , 7835 140 

Ineligible, who are, 7812 134 

Majority of members necessary to take action, 7818 136 

Meetings of, 7817 135 

Membership, limited how, 7811 134 

Notice of meeting, what necessary, 7817 135 

Organization of, 7815 135 

Patterson examinations, 7740 Ill 

Commencements, county, 7744 112 

Compensation of examiners, 7745 112 

Qualifications necessary, 7811 134 

Questions, how prepared, 7819 136 

Record to be kept, 7815 135 

Removals from board, 7811-7813 134-135 

Reports to be made, 7815, 7820 135, 136 

Revocation of certificates, 7827 137 

Scientific temperance, examination in, 7726 137 

Special certificates, granting of, 7829 138 

Teacher, qualifications necessary, 7830-7832 138-139 

Term of members, 7813 135 

Uniform system of examinations, 7819 136 

Vacancies, how filled, 7814 135 

County Commissioners. 

Board of education, commissioners may act as, when, 7610 74 

Children's homes, schools at, duties as to, 7676 94 

Contingent fund, when to levy, 7610 74 

County auditor, compensation of, 7793 128 

County Treasurer. 

Compensation of, 7594 70- 

School funds, duties as to state funds, 7584 67 

When county line divides district, duties, 7598 71 

Tax, collection of, 7594 70 

Course of Study. 

Defined, 7651 90 

Elementary schools, branches of study, 7648 89 

Course of study required in, 7645 88 

German taught, when, 7729 83 

High schools, branches of study, 7649 89 

Requirements, 7652-7654 90 

Physical training in certain schools, 7721 107 

Physiology and hygiene, 7723 108 

Report of, required, 7660 91 

Scientific temperance, 7723 108 

Text books, adoption of, 7713-7716 106 



2$0 INDEX. 



Debt. (See Sinking Fund.) page 

.Deeds. 

Boards of education, deed by, 4749, 4756-4758 48, 51-52 

Ohio university land, leasehold estate, converted into fee simple, 

7933-7935 168 

Degrees. 

Educational institutions, power to confer, 9922 182 

University of municipality, may confer, 7904 161 

Depository. 

Boards of education shall provide, 7604-7608 72-73 

In districts having two or more banks, 7605 73 

In districts having less than two banks, 7607 73 

Devise. 

Board of education may accept, 4755 51 

Common school fund of state, to, 7581 67 

Endowed schools, to, management of, 7987 179 

Institutions may receive, 9924 183 

Ohio State University, for, 7951 171 

Director. 

Appointment of, in city districts, 7694 101 

Compensation of, 7697 102 

Powers and duties of, 7695, 7696 101, 102 

Removal of, 7698 102 

Election of in township districts, 4717 39 

Enumeration , shall take , 4722 40 

Powers and duties of , 4722 40 

Term of office, 4717 39 

Dismissal. 

Schools, on holidays, 7687 97 

Teachers to attend institute, 7869 150 

Teacher, dismissal of, 7701 103 

Improperly dismissed, may bring suit, 7708 104 

Districts. (See City, Village, Special and Township Districts.) 
Donations. (See Bequests.) 



Education. (See Board of Education, Colleges, Schools.) 

Elections. 

Ballots, form of, for school elections, 5032-5034 61 

Bonds, issue of, for school houses, 7625 80 

Centralization of township schools, for, 4726 41 

•City districts, board of education, election of, 4703, 4704 35' 

Attached territory , voting in , 4706 35 



INDEX. 231 

Elections — Concluded. page 
Educational institutions, election of trustees and visitors by alumni, 

9945, 9947 187, 188 

Forms relating to 199-202 

High school, election on question of bond issue for joint townships, 

7669 92 

Union of districts in township for high school purposes, elec- 
tion on bond issue, 7669 92 

Lot, election decided by, when, 5120 61 

Notice of, 4839 60 

Special districts, in, 4736^740, 5049 '44, 61 

Abandonment of, election for, 4741-4744 44-45 

Tax to exceed maximum allowed by law, vote on, 7592, 7593 70 

Special tax , vote on , 7625 80 

Teachers' institute, officers of, 7860 148 

Tie vote, how decided, 5121 61 

Township districts, board of education of, 4712, 5049 38, 61 

Attached territory, voting in, 4714 39 

Village districts, board of education of, 4710, 5049 37, 61 

Attached territory, voting in, 4711 37 

Newly created district, election in, 4710 37 

Women can vote , when , 4862 60 

Registration of , 4940 60 

Electors. 

Attached territory, where to vote, 4706, 4711, 4714 35, 37, 39 

Women are , for school officers , 4862 60 

Employes. 

Board of education, of, 7690-7706 98-104 

Minor, proof of attendance at school required before employment, 

7765-7766 118 

Between fourteen and sixteen, must pass examination, 7767... 119 

Endowment Fund. 

College, how application of, changed, 9929 184 

Corporation for, 9948 188 

Schools specially endowed , 7897-7994 179-181 

English Language. 

Common branches must be taught in, 7729 108 

Enumeration. 

Apportionment of state school funds by auditor of state, based on, 

7582 67 

By county auditor, 7600, 7602 71, 72 

Clerk of board of education to make returns of, 7799 . 130 

Compensation for taking, 7797 130 

Excessive, action of state school commissioner, 7804 131 

Failure to take, penalty, 7802 131 

By clerk of board to make returns, action taken, 7800 130 

Penalty for making fraudulent returns, 12929 132 

Return by county auditor to state school commissioner, 7803 131 

When county line divides original surveyed township, 7801.... 131 

Township districts, who takes, 4722 40 

Youth of school age, includes whom, 7794 129 

How taken, 7796 129 



2$2 INDEX. 

Evening School. (See Night School.) . page 

Examiner. (See City, County and State Examiners.) 

School funds, of, 362-366 15-16 

Adverse report, disposition of, 367 16 

Compensation of, 366 16 

Execution. 

School property exempt from, 47-59 52 

Executive Committee. 

Teachers' institute, of, 7860 148 

Bond of, 7863, 7864 14!) 

Forfeiture of bond, 7867 1 ■ 

Report of clerk, 7866 149 

Expenditures and Receipts. 

Board of education, clerk to make annual report of, 4775 57 

Publication of report, 4776, 7785 57 

Expulsion. 

Pupil from school , of , 7685 96 



F 
Fees. (See Compensation.) 

Female. 

Suffrage of, in school elections, 4862, 4940 60 

Fines. 

County auditor's duties as to, 7612 74 

Fine Arts. 

Corporations for promoting, 9922-9979 182-196 

Fire Dangers. 

Instruction in , 12901 88 

Duty of board in regard to, 12905 88 

Duty of school commissioner, 12903 88 

Duty of the fire marshal, 12902 88 

Duty of teachers , 12901 88 

Fire Drills. 

Pupils must be trained in, 12900 88 

Flag. 

Ohio flag, description of, 28 11 

United States flag, display of, 7621 78 

Flower. 

State flower of Ohio. 29 12 



INDEX. 233 

Forms. PAGE 
Prepared by state commissioner of common schools, to be, 356, 

357, 7788, 7789 14, 127 

Notice of election in sub districts 199 

Poll book 199 

Tally sheet 199 

Minutes of sub-district school meeting 200 

Appointment of school director, to fill vacancy 200 

Oath of school director 201 

Different modes of altering sub-districts 201 

Resolutions on bond issue 201 

Notice of election for bond issue 202 

Form of ballot 202 

Petition for special school district 202 

Notice of special meetings 203 

Teacher's contract 203 

Order on the treasurer 203 

Order on treasurer when school funds are in a depository 204 

Certificate of annual school levy 204 

Certificate of school funds in treasury 204 

Transfer of territory 205 

Lease to school district 205 

Oath of clerk of board of education 206 

Clerk's bond 206 

Final receipt of clerk 206 

Oath of treasurer of board of education 207 

Treasurer's bond 207 

Final receipt of treasurer 208 

Complaint in regard to school funds 208 - 

Notice to parent or guardian 209 

Notice to truant 209 

Notice to employers of youth 209 

Age and schooling certificate 210 

Teacher's report 211 

Report of truant officer 212 

Fourth of July. 

Schools may be dismissed on, 7687 97 

Fraternities. 

Investigation of, 12908 06 

Penalty for. 

Pupil joining, 12906, 12909 95, 96 

Teacher failing to report, 12907 95 

Funds. (See Sinking Fund.) 

Accounts of, how kept, 7580 66-67 

Auditor of state, duty of, 7580, 7581 80-81 

Apportionment of state funds by auditor of state, 7582-7585 67-68 

By county auditor, 7600-7603 71-72 

Bequests to common school fund, how applied, 7581 67 

Contingent levy by boards of education, 7586, 7587, 7594. . . I 68-70 

County commissioners to levy, when, 7610 74 

Penalty for failure to levy, 7611 74 



234 INDEX. 

Funds. (See Sinking Fund) — Concluded. page 

Declaration of policy of the state respecting universities, 7923 165-166 

Debt of state, irreducible, common school fund shall constitute, 7580 66 

Depository for , 7604 72 

Distribution of by county auditor, 7601 71 

Educational institutions, of, 9929, 9948 184, 188 

Fines to be collected by county auditor and paid into funds, 7612 74 

Income from school lands, application of proceeds of, Art. VI, Sec. 1 7 

Investigation of, 361 15 

Ohio State University fund, tax for, 7929 167 

Pension fund for teachers, 7875-7896 152-156 

Public lands, proceeds of sale of, 7579, 7580 66 

Salt and swamp lands, proceeds of sale of, 7577, 7578 66 

School fund, preservation of, Art. VI, Sec. 1 7 

Settlement between district treasurer and auditor, 4770 56 

Special districts, division of fund when created, 4732 43 

State common school fund, tax for, 7575 65 

State commissioner of common schools, duty as to, 355, 367 13, 16 

Taxation, constitutional provisions for, Art. VI, Sec. 2 7 

Tax levy , maximum for schools , 7591 69 

Transfer of, 5654, 5655 80 

Transfer of territory, division of funds, 4696 32 

Treasurer of county, duties as to, 7584, 7585, 7594, 7599, 7601, 7602. 

67, 68, 70, 71, 72 

Treasurer of district, receipts and disbursements by, 4768, 7594 55, 70 

Amount he may have on hand, 4769 55 



G 

■General Assembly. 

Laws to encourage schools, duty of, to pass, Art. I, Sec. 7 7 

State commissioner of common schools to report to, 360 14 

School funds, to provide for by taxation, Art VI, Sec. 2 7 

School laws can take effect upon authority other than, Art. II, Sec 26 7 

Tax for schools, shall levy, 7575, 7576 65, 66 

Wilberforce University, members may name pupils for admission to, 

7985 178 

German Language. 

Teaching of authorized, 7729 108 

•Governor. 

Arbor Day, shall appoint and set apart, 7688 97 

College, fills vacancy among trustees, 9930 184 

Military academy, is visitor of, 9961 191 

Ohio State University, appointment of trustees, 7942 169 

Deed for lands of, to execute and deliver, when, 7933 169 

School book commission, is a member of, 7710 105 

State commissioner of common schools, to fill vacancy in office of, 352 13 

Report of , to be made to , when , 360 14 

Wilberforce University, appointment of trustees, 7976 176 



INDEX. 235 

Guardian. page 

Children under care of, entitled to attend schools free, 7681 95 

Duties of, under compulsory education law, 7762, 7763 117 



H 
High Schools. 

Board of education may establish, 7663 91 

Branches of study required, 7649 89 

Certificate of work done by pupil , 7657 90 

Value of, 7658, 7659 90, 91 

Classification of, 7651 90 

Defined, 7649 89 

Diploma, what it shall contain, 7656 90 

Examinations in special and sub-districts, for, 7740 Ill 

Commencements, 7742-7744 111-112 

Compensation of examiners, 7745 112 

Tuition, 7747 112 

Report of by clerk of board, 7660 91 

Penalty for failure to make , 7662 , 91 

Township Districts in. 

Admission of pupils to, 7667 92 

Board of education may establish, 7663 91 

Management and control of , 7665 92 

Tax levy for, 7668 92 

Time , length of , to be continued , 7667 92 

Township and joint township high schools, established by peti- 
tion, 7669-7672 92-93 

Buildings, purchase or renting of, 7669 92 

Election on question of tax levy for, 7669 92 

Election for tax levy not necessary, when, 7669 92 

Tax for, 7669 92 

Teachers, employment of, 7670 93 

Union of several districts for high school purposes, 7669 92 

Holidays. 

Dismissal of schools on, without forfeiture of teacher's pay, 7687.. 97 

Holidays named, 7687 97 

Howe's Historical Collections of Ohio. 

Boards of education authorized to purchase, 7719 107 

Care of, how taken, 7719 107 



I 
infirmary. 

Corpse, surrender of, to medical college, 9984 197 

Schools at , 7676 94 

Institutes. (See Teachers' Institutes.) 

Interest. 

Irreducible school funds, interest on, 7577, 7580 66 



236 INDEX. 

Investigation. page 

School funds, of, by accountant, 361, 362, 365 15, 16 

Teacher, of, by board of examiners, 7827, 7840, 7850 137, 141, 143 

Irreducible School Fund. 

Accounts of, how kept, 7580 66 

Original surveyed township, in two counties, how proceeds paid to, 

7585 68 

Public lands, sale of, proceeds of, how applied, 7579, 7580... 66 

Salt and swamp lands, proceeds of sale of, 7577, 7578 66 



J 
Janitor. 

Board of education, power to employ, 7690 98 

Board of examiners may employ, 7835 140 

Dismissal of by board of education, 7701. . .• 103 

Teachers not required to do janitor work, 7707 104' 

Term of employment, 7690-7690-6 98-100 

Under civil service in cities, 7690-1-7690-6 98-100 

Joint Sub-Districts. 

Abolished, 4723 40 

Territory annexed to township , 4723 40 

Judge. (See Common Pleas Court, Probate Court.) 

Juvenile Disorderly Person. 

Court for, 1639-1683 17-28 

Definition of, 7768 120 

Proceedings against, 7774 122 



K 

Kindergarten Schools. 

Boards of education mar establish , 7722 107 



Language. (See English Language, German Language.) 

Laws. 

Collation of , 356 14 

Distribution of , 356 14 

Encouragement of schools, for, passage of, Art. I, Sec. 7 7 

Interpretation of, decisions, preparation and distribution of. 356... 14 
Schools, for, can take effect upon approval of authority other than 

the general assembly, Art. II, Sec. 26 7 

Law College. 

Organization of , 9972 , 9973 194 



INDEX. 237 

Law Library. page 

Organization of , 9972 194 

Lease. 

Form of ■ 205 

Site for school house or right of way, lease of, 7620 77 

Legal Adviser. 

Boards of education, who is, of, 4761 53 

Ohio State University, who is, of, 7953 171 

Legislature. (See General Assembly.) 

Library. 

Access to , 7631 83 

Appropriation of money for, amount limited, 7642 85 

Board of education may establish, 7631, 7642 83, 85 

Appropriation for , 7642 85 

Funds for, how provided, payments from, 7639 85 

Tax for, 7632, 7639 84, 85 

Trustees of, 7635 84 

Control of, vested in board of education, when, 7642 85 

Donations, board may accept, 7638 85 

Established how, 7631 83 

Librarian, appointment, compensation of, 7637 84 

Museum , in connection with, 7643 86 

Rules and regulations for, 7635 84 

Tax levy for, 7639, 7640 85 

How expended, 7640 85 

Village districts may establish , 7631 83 

Location. 

School house, convenience of, 7644 87 

Lot. 

Election decided by, when, 5121 61 



M 
Manual Training. 

Boards of education may provide, 7722 107 

Map. 

Attached territory, to be made of, 4706, 4711, 4714 35, 37, 39 

Special districts, map of, 4729 42 

Territory transferred from one district to another, map of, 4692, 

4693 31, 32 

Township district, map of, 4716 39 

Mechanics' Institute. 

Authority to borrow money, issue bonds, etc., 9982 197 

Directors and trustees not personally liable for debts, 9982 197 

Objects of institute, enlarged, how, 9973 194 

Organic rules which may be prescribed in articles of incorporation, 

9972 194 



238 INDEX. 

Medical College. (See Colleges.) PAGE 

Bodies for dessection, may receive, 9984 197 

Meetings. 

Board of education, city districts, 4747 47 

Special districts , 4747 47 

Township districts, 4747, 4715 47, 39 

Village districts, 4747 47 

City board of examiners, 7843 142 

County board of examiners , 7817 135 

Illegal, when, 4750 48 

Ohio State University, trustees of, 7946 170 

Special meetings, how called, 4751 49 

Text books, adoption of must be at regular meetings, 7713 106 

Wilberforce University, trustees of, 7980 177 

Memorial Day. 

Schools may be dismissed without forfeiture of teachers' pay, 7687.. 97 

Miami University. 

Annual report, 7940 169 

Appointment of trustees , 7939 169 

Duty of standing committee on colleges and universities of the 

legislature, 7941 169 

Levy for, 7924 166 

Military Academy. (See Academy.) 

Minor. 

Aiding or abetting delinquency of, under seventeen, 1654 21 

Attendance at school of, 7767 119 

Commitment to reformatory of, proceedings, 7774, 7780, 7782 122, 124 

Employment of, between certain ages, when schools are in session, 

unlawful, 7767 ' 119 

Proper parental care, denned, 1646 18 

Money. (See Funds.) 

Month. 

School month, length of, 7689 97 

Municipal University. (See University.) 

Museum. 

Association, rules for organization of, 9972-9974 194-195 

Board of education may establish , 7643 86 

Music. 

Special certificates in, may be granted, 7832 139 



INDEX. 239 



Narcotics. (See Scientific Temperance.) page 

Natural History Society. 

Regulations as to, 9972, 9973 " 194 

New Year's Day. 

Schools may be dismissed without forfeiture of teachers' pay, 7687.. 97 

Night Schools. 

Provisions for, 7679, 7680 95 

Nominations. 

Members of boards of education, by petition, 4997 60 

Non-Resident. 

Attendance at school, when permitted, conditions, 7681, 7682 95, 96 

By agreement of boards, 7734 110 

When one and one-half miles from school house, 7735 110 

Boxwell graduates, privileges of, 7744, 7747 112 

Normal Schools. 

Commission to establish 158 

Physical training must be provided in, 7721 107 

Scientific temperance, instruction in, at, 7725. 108 

Penalty for failure to instruct, 7728 108 

State normal schools established, 7891, 7898 157 

Wilber force University normal department at, 7975-7986 195-198 

Notice. 

Attendance at nearest school, notice to board not necessary, 7735. . . . 110 

Board of education , meetings of , 4751 49 

Educational institutions, notice of meetings of stockholders, 9957... 191 

Purpose, name, notice of intended change, 9966 192 

Election, notice of bond issue, 7625 80 

Board of education, members of, 4839 60 

Special districts, election in newly organized, 4739 44 

Abandonment of, 4741-4743 44-15 

Tax levy, election for, 7625 80 

Township districts, election of director, 4717 39 

Teachers' notice of examination, 7817, 7843 135, 142 

Text books, publishers of, notice to, 7710 '. 105 

Boards of education , given to . 771 1 105 

Truancy, notice to parent. 7773 121 



O 
Oath. 

Board of education, members and clerk of, 4746 46 

Clerk of board of education , 4616 46 

County auditor may administer, when, 7800 130 

Election officers in townships , 4719 39 

Enumerator , of . 7796 129 



240 INDEX. 

Oath — Concluded PAGE 

Forms relating to 199-211 

School officers, of, 4746 46 

Schools specially endowed, trustees of, 7988 179 

Special examiner of teachers, 7841 141 

State commissioner of common schools, of, 353 13 

Office. (See various officers, by name.) 

State commissioner of common schools can not hold, other, 354 13 

Officer. (See various officers, by name.) 

Charges against, investigation of, 361-367 15-16 

Oath of school officers , 4746 46 

Ohio State University. 

Analysis of minerals, by professor of, 7963 174 

Attorney General legal adviser of board of trustees, of, 7953 171 

Board of Trustees. 

Faculty, compensation of, to fix, 7949 171 

Further duties of board, 7948-7951, 7955-7958, 7961-7963 

171, 172, 173,-174 

Grants and devises of land may be received by, 7951 171 

Management and control of, to.be vested in, 7950 171 

Powers and duties of, 7956. ." 172 

Provide for lecturers, board may, 7954 172 

Branches taught at, 7955 172 

Ceramics, department of, 7958, 7961 r 172-173 

Clay working and ceramics, course in, 7958 172 

Fund of, 7929 167 

Irreducible debt of state, part of, 7971 175 

Interest on fund of agricultural college, invested, how, 7972 176 

Laboratory apparatus, models, and machinery, to be provided, 7962. 173 

Meetings of board , 7946 170 

Mines, school of, 7962, 7963 173, 174 

Named 'The Ohio State University," 7943 ' 170 

Officers of board, their duties, etc., 7944 170 

Professor's employed to teach , 7963 174 

Pupils, who may be admitted as, 7954 172 

Report of trustees , 7947 170 

Style and powers of board of trustees, 7943 170 

Tax levy for, 7929 167 

Terms of office of trustees, compensation and vacancies, 7942 169 

Title of lands to vest in the state , 7952 171 

Written analysis of fertilizers to be furnished, how, 7964 174 

Ohio University. 

Sale of certain lands, 7932 168 

Deed for, 7933-7935 168 

Proceeds of, 7936 168 

Tax on lands donated to, 7937, 7938 169 

Order. 

Teachers' pay, for, illegal, when, 7786 126 

Treasurer , order on , how drawn , 4768 55 

Must produce order for all disbursements, 4770 56 



INDEX. 24I 

Orphan Asylum. page 

Schools at, provisions for, 7676 94 

Original Surveyed Township. 

Apportionment of funds, when county line divides, 7602 72 

Funds how paid in such cases, 7585 68 

Enumeration, when divided by county line, 7801 131 



P 
Parent. 

Duty of, to send minor children to school, etc., 7762, 7763 117 

Violation of act relating to, 7767 119 

Patterson Law. 

Compensation of examiners, 7745 112 

County commencements, 7744 112 

Examinations, branches of study, 7740 Ill 

High school attended, character of, 7752 114 

Township commencements, 7742 Ill 

Tuition, payment of, 7747 112 

Penalty. 

Board of education, for failure to levy Continent fund, 7611 74 

Clerk of board of education, for failure to make report, 7790 127 

Corporation, unlawful employment of minors, 12975, 12982, 12986.. 122, 125 

County auditor, failure to make statistical report, 7789, 7790 127 

For failure to make enumeration return, 7792 128 

Divulging examination questions, 12939 136 

Embezzlement by board of education, 12878 58 

Employing relative as teacher, 12932 52 

Enumeration return , fraudulent , 12929 132 

Member of board of education for receiving compensation, 12883... 52 

Neglecting to train pupils by means of fire drills, 12900 88 

Neglecting to instruct as to dangers of fire, 12901 88 

Officers or agent interested in contracts, 12910, 12911 52 

Parent or guardian , liable , when , 7773 121 

school officers, non-enforcement of compulsory education law, 12981 125 

Teachers' institute, executive committee, failure of, to report, 7866 149 

Pension Fund for Teachers. 

Appropriation for by board of education, 7895 156 

Board of education may create, 7875 152 

Created and invested, how, 7877 152 

Death of teacher, who shall receive, 7892 ' 155 

Deductions from teachers' salaries, 7888 155 

Penalties, fines, etc., to be paid into fund, 7894 156 

Pension, amount of, 7883 154 

Persons entitled to, 7882 154 

Principal and income can be used, 7886 154 

Resignation or removal of teacher, rebate, 7891 155 

Retirement of teacher, 7882 154 

Rules and regulations, 7893 155 

16 S. I* 



242 INDEX. 

Pension Fund for Teachers — Concluded. page 

"Teacher" defined, 7881 154 

Treasurer of funds , 7889 155 

Trustees, number, election, term, 7875, 787(i 152 

When insufficient to pay teachers, 7885 154 

Personal Property. (See Property.) 

Petition. 

Centralization of township schools, for, 472(! 41 

Evening schools, for, 7679 95 

Forms relating to 202 

Nominations by, 4997 60 

Special district, creation of, 4729 42 

Transfer of territory, for, 4693 32 

Physical Training. 

Instruction in required, where, 7721 107 

Plat. 

Property to be appropriated for school purposes, plat of, 7624 79 

School districts, plat of, 4692, 4693, 4706, 4711, 4714, 4716 

31, 32, 35, 37, 39 

President. 

Board of education , of , election , 4747 47 

Absence of at meeting, who acts, 4747, 4753 47, 50 

Order on treasurer, must sign, 4768 55 

Record of proceedings, must sign , 4754 50 

City Board of examiners, of, election, 7842 141 

Clerk of board of education, bond of, to be filed with, 4774 56 

County board of examiners, election of, 7815 135 

Educational institutions, of, 9925 183 

Process on board of education, served on, 4760 53 

Teachers' institute, of, election, 7860 148 

Private Schools. (See Colleges and Universities.) 

Report of , required , 359 14 

Specially endowed, trustees for, 7987 179 

Accounts of trustees , 7993 180 

Bond of trustees, 7988 179 

Duties of trustees, 7990 180 

Oath of trustees, 7988 179 

Vacancies, how filled, 7989 179 

Visitors of, 7994 181 

Probate Judge. 

Appropriation of property for school purposes, jurisdiction, 7624... 79 

Compulsory education law, jurisdiction of, 7774, 7780 122, 124 

County examiners, appointment of, 7811 134 

Report of appointment, 7814 L35 

Revocation of appointment, 7813 L35 

Deaf children, report of, to be returned to, 7779 124 



INDEX. 



243 



Probate Judge — Concluded. page 

Special districts, petition for creation of, when filed with, 4731 43 

Change of boundary, of, 4732 43 

Costs, security for, 4730 42 

Fees, same as in civil cases, 4733 43 

Funds, division of, by, 4732 43 

Hearing on petition , 4731 43 

Jurisdiction of, 4733 43 

Notice of hearing, 4731 43 

Petition, when district in two or more counties. 172!) 42 

Remonstrance against formation of, 4730 42 

Tax valuation of district, minimum, 4728 42 

Transfer of territory, petition for, 4693 32 

Costs , security f or , 4693 32 

County auditor, certificate filed with, 4695 32 

Funds, division of, 4696 32 

Hearing on petition , 4694 32 

Jurisdiction of, 4695 32 

Notice of hearing, 4694 32 

Petition, when district in two or more counties, 4693 32 

Process. 

Service of, on boards of education, 4760 53 

Professors. 

Educational institutions, appointment of, for, 9922.°" 182 

Faculty, professors are members of, 9925 183 

Powers of, 9925 183 

Military academies, professors are members of board, 9960 191 

Ohio State University, employment and dismissal of, at, 7949 171 

Ceramics, department of, instructor in . 7961 173 

Chemistry, analysis of fertilizers to be furnished by professor, 

in, 7964 174 

Compensation of, how fixed, 7949 171 

Mine and mine engineering, instructor in department of, 7962. 

7963 174 

Universities of municipalities, 7902 160 

Proper Parental Care. 

Definition of, 1646 18 

Property. 

School property, how sold or exchanged, 4749, 4756 49, 51 

Exempt from taxation or executi< m . 17">!> 52 

Prosecuting Attorney. 

Board of education, legal adviser of, 4761 53 

Compensation of , 4762 53 

Shall not be a member of board, 4762 53 

Funds, fraudulent use of, duty as to report of examiner of. 367.... 16 

Tteachers' institutes, duties as to, 7867 149 

Duty of in Juvenile Court, 1664 23 



Public Library. (See Library.) 



244 



INDEX. 



Publication. page 

Board of education, sale of property by, 4756 51 

Building and repairing, bids for, 7623 78 

Receipts and expenditures, by clerk of, 4776 57 

City board of examiners, meetings of, 7843 142 

County board of examiners, meetings of, 7817 135 

Election notice, 4839 60 

Publishers. 

Text book law, requirements of, 7709-7716 104-106 

Pupils. (See Attendance.) 

Assignment of by board of education, 7684 96 

Expulsion of, 7685 96 

Suspension of, 7685 - 96 

Tuition of, may be paid by agreement between boards, 7734 110 



Q 

Qualifications. 

Examiners, of, 7811, 7838 134, 140 

Teachers in common schools, 7830-7833 138-139 

In city and village districts, 7821, 7840 136, 141 

Quorum. 

Board of education, of, what constitutes, 4752 50 

Business that a majority of a quorum cannot transact, 4752 50 

Educational institutions, what constitutes, 9943 170 



Real Property. (See Property.) 

Receipts and Expenditures. 

Board of education, clerk of to prepare and forward to county 

auditor, 4775, 7787 57, 127 

Publication of, 4776 57 

Record. 

Board of education, how kept, 4754 50 

Approval of, 4754 50 

Public record, is, 4754 50 

Bonds , record of issue , 7626 82 

Educational institutions, of, 9967 175 

Relief. 

Board of education may afford to needy children, 7777 123 

Religion. 

School funds, religious sects shall have no control of, Art. VI, 

Sec. 2 7 



INDEX. 245 

Reports. page 

Board of education, financial and statistical, 4775, 7787, 7788 57, 127 

City board of examiners, to state school commissioner, 7854 144 

Appointment of, report, 7839 141 

City districts, publication of reports, 7785 126 

Clerk of board of education, of, 4775, 7787, 7788 57, 127 

Enumeration, report of, to auditor, 7799 130 

Failure to make, other person to be appointed, 7789 127 

Financial , publication of , 477G 57 

Penalty for failure to make, 7790, 7791 127, 128 

Teachers' report to be filed with, before order is drawn for 

pay of , 7786 126 

Colleges, report of, 359 14 

Copies of all reports may be required by the state commissioner, 355 13 

County auditor, to state commissioner, 7789 127 

Enumeration returned by, to state commissioner, 7803 131 

Penalty for not making, or for making fraudulent reports, 

7790, 7792, 12929 127, 128, 132 

Report of clerk to, failure to make, auditor may appoint other 

person, 7791 128 

County board >f examiners, clerk of, to make, 7815, 7820, 7836.... 

135, 136, 140 

Enumeration return by clerk to auditor, 7799 130 

County auditor to state commissioner, 7803 131 

Original surveyed township, by auditor, 7801 131 

Examiner of school funds, report of, 362-366 15-16 

Ohio State University, report of teachers, 7947 170 

Private schools, report required, 359 14 

Probate judge, appointment of school examiners, 7811 134 

State commissioner of common schools, report of, 360 14 

Superintendent of schools of, 7784, 7785 126 

Teachers, report of, 7772, 7784 121, 126 

Report must be filed with clerk before order is drawn for pay 

of, 7786 126 

Treasurer of board of education, to auditor, 4770 56 

Truant officer, reports of, 7771, 7777, 7779 120, 123, 124 

Penalty for failure to make, 12981 ". . 125 

Visitors to certain endowed schools, to report, 7994 181 

Wilberforce University, report of trustees, 7984 178 

Representative. (See General Assembly.) 

Returns. (See Elections, Reports.) 

Revocation. (See Certificate.) 

Rules and Regulations. 

Board of education , 4750 4S 

County board of examiners, for, 7816 135 

Teachers' pension fund, for, 7893 155 

Vaccination, rules for, 7686 97 

S 

Sale. 

Board of education, sale of property by, 4756 51 

Text books, sale of, 7709-7716 104, 106 

17* s. 1,. 



246 INDEX. 

Salt and Swamp Lands. page 

Proceeds of sale of, how applied, 7577, 7578 6$ 

Salaries. (See Compensation.) 

May be increased, but not diminished, 7690 98 

Minimum , 7595 70 

Scholarships. 

Stock of colleges, etc., may be changed into, 9927 183 

Schools. 

Admission of non-residents, by agreement of boards, 7734 110 

Boxwell examinations for high school attendance, 7740 Ill 

Children's homes, school, at, 7676 94 

Closing of, on holidays, 7687 97 

During session of teachers' institute, 7869 150 

Continued, must be, how long, 7644 87 

Conveyance of pupils, to, 7730, 7732 109 

Deaf children, schools for, 7755-7761 114-115 

Dismissal of, on holidays, 7687 97 

Teachers, to, attend institute, 7869 150 

Examination of schools, by city boards of examiners, 7840 141 

1 Evening schools, 7679, 7680 95 

Free to whom, 7681 95 

German language , in , 7729 108 

High schools, 7649-7672 89-93 

Teachers' certificate in , 7831 139 

Infirmary , schools at , 7676 94 

Janitor of, 7690 98 

Number of, required, 7644 87 

Orphans' asylum, schools at, 7676 94 

Physical training in, 7721 107 

Private schools , report of , 359 14 

Pupils, admission of, etc., 7681, 7682 95, 9v : . 

Attendance enforced, 7762, 7763 11" 

Non-resident, attendance of, 7681, 7734, 7735 95, 110 

Scientific temperance, instruction, in, 7723 108 

State commissioner of common schools, as to, 352-367 13-16 

Studies, 7648, 7649 89 

Text books, in, 7709-7716 104-106 

School Books. (See Text Books.) 

School Book Commission. 

Membership of, 7710 105 

Price of text books, maximum, fixed by, 7710 105 

Publishers, failure to furnish books, action by commission, 7712 105 

School Districts. (See City, Village, Special and Township.) 

Classification of , 4679 29 

Territory, transfer of, 4692-4695 31-32 

School Funds. (See Funds.) 



INDEX. 247 

School Houses. page 

Advertising by board of education for bids for building, etc., 7623.. 73 

Appropriation of land for, 7624 79 

Boards of education, to provide, 7620 77 

Directions for bidding for and letting contracts, 7623 78 

Bonds for, 7626-7630 82-83 

Building, repairing, etc., 7620 77 

Contracts, directions for bidding and leting, 7623 78 

Entertainments, use of school house for, 7622 78 

Exempt from taxation and execution , 4759 52 

Flag, display of, 7621 78 

Taxation , exempt from , 4759 • 52 

Tax levy for, when and how submitted to voters, 7625 80 

Bonds of, 7626 82 

Certificate of levy, to county auditor, 7628 82 

School Rooms. 

Renting of by boards of education , 7(320 77 

Schools Specially Endowed. 

Provisions relating to, 7987-7994 179-181 

Scientific Temperance. 

Board of education, to require instruction, in, 7724 108 

Educational institutions, required to teach, 7723 108 

Normal schools, instruction in, at, 7725 108 

Penalty for non-enforcement, 7728 108 

Regular branch of study, to be, 7723 108 

State commissioner of common schools, duties as to, 7727 108 

Teachers' certificates, not granted without examination in, 7726 108 

Institute, instruction at, 7725 108 

Secretary of State. 

Educational institutions, articles of incorporation riled with sec- 
retary, 9923, 9970 183, 194 

Fees of, 8871 194 

School book commission, is a member of, 7710 105 

State commissioner of common schools, bond of, to be filed with, 

353 13 

Section Sixteen. 

Enumeration of youth , in , 7794 129 

Funds derived from, investment of, 7579, 7580 6Q 

Senator. (See General Assembly.) 

Session. 

Schools of , length of time , 7644 87 

Settlement. 

Treasurer of district, with countv auditor, 4770, 4772 56 



.248 INDEX. 

Sinking Fund. PAGE 

Board of education shall establish, when, 7613 75 

Board of commissioners of , 7614 75 

Investment of, 7615 76 

Refunding debt, 7616 76 

Report of, 7617 76 

Securities may be sold, 7615 76 

Sites. 

Board of education to furnish, 7620 77 

Bonds for, 7626, 7629 82, 83 

Solicitor. (See City Solicitor.) 

Special Districts. 

Abandoned, how, 4741-4744 44-45 

Board of education, membership of, 4736 44 

Election of, 4738 44 

Organization of , 4747 47 

Terms of members, 4737 44 

Clerk of board of education, election of, 4747 47 

Compulsory attendance in , 7762-7783 117-125 

Conveyance of pupils, 7732 109 

Continuance of district, 4741-4743 44-45 

Defined, 4G84 30 

Election in , how conducted , 4738 44 

In new district , 4739 44 

On abandonment , 4741-4743 44-45 

Established by petition, 4728-4732 42-43 

Funds, division of on creation of, 4732 43 

Officers of, continued in office, 4735 43 

President, election of, 4747 47 

Tax levy, maximum for, 7591-7592 69, 70 

Territory transferred from one district to another, 4692, 4693 31 

Treasurer , election of , 4763 54 

Tuition, payment of under "Boxwell law," 7747 112 

Special Meetings. 

Boards of education , of , 4751 49 

Notice necessary, 4751 49 

State Board of Examiners. 

Appointment of , 7805 133 

Certificates issued by, 7807 133 

Compensation of members, 7810 • 134 

Examination fees, disposition of, 7809 134 

Term of members, 7806 133 

Vacancies in , how filled , 7806 133 

State Commissioner of Common Schools. 

Appeal to, by applicants for teachers' certificate, 7857, 7858 144 

Board of examiners, report of appointment of members of, to 

7814, 7839 135, 141 

Report of board, to, 7836, 7854 140, 144 



INDEX. 249 

State Commissioner of Common Schools — Concluded. page 

Bond of, 353 13 

Books and papers, preservation of, 354 13 

City districts, may sub-divide when board fails to act, 4701 34 

Colleges, reports of, to, 359 14 

County auditor, reports of, to, 7780, 7803 127, 131 

Duties. 

Attendance of, at office, required, 351 13 

Certificate to county auditor for receipt of reports, 7793 128* 

Examination question's, uniform system prescribed, duties as 

to, 7819 136 

Forms prepared, and furnished by, 357, 356, 7788 14, 127 

Laws, preparation and distribution of, 356 14 

School funds, investigation of, duties as to, 362 15 

Scientific temperance, duty as to, 7727 108 

Visitations by, 354 13 

Election of, 352 _ 13 

Enumeration return to , 7803 131 

Action by, when enumeration excessive, 7804 131 

Forms for blank books, report blanks, etc., prepared by, 356, 357, 

7788 14, 127 

High schools, shall classify, 7661 91 

Office of, where located, 354 13 

Report of, publication, contents, 360 14 

Copies of all reports of school officers and any other information 

may be required by the commissioner, 355, 7788 14, 127 

School book commission, is a member of, 7710 105 

School funds, supervision over, 355, 362 14, 15 

State board of examiners, appointment of members, by, 7805 133 

State certificates, countersigned by, 7808 134 

Superintendent or teacher, commissioner shall not be, 354 13 

Teachers' institute, report of, to, 7863, 7865, 7874 149, 151 

Commissioner may hold institute, when, 7868 149 

Term of, 352 13 

Text books, filed at office of, 7709 104 

Notice to boards of education, 7711 105 

Price, maximum, fixing of, 7710 105 

Publishers' list price, filing of, 7709 104 

Notification to, 7710 105 

Vacancy in office, of, how filled, 352 IS 

State Common School Fund. (S$e Funds.) 

State Certificate. (See Certificate.) 

State School Book Commission. (See School Book Commission.) 

State Treasurer. 

Bond of state commissioner of common schools, to be filed with, 353 13 

Statistics. 

Report of, 4775, 7784, 7787-7789 65, 126-127 

Statutes. 

Interpretation of, 27 li 



25O INDEX. 

Stockholder. page 

Educational institutions, assessments of, 9956-9959 -» 191. 

Studies. (See Branches of Study.) 

Sub-districts. (See Director.) 

City districts, certain cities shall be sub-divided, 4700 34 

Redistricting, 4701 34 

State school commissioner to act when board fails, 4701 34 

Township districts, election of director, powers and duties, 4717- 

4722 39^0 

Enumeration taken by director , 4722 40 

Existing sub-districts recognized for school attendance, 4716... 39 

Change of, 4716 39 

Summons. 

Board of education, summons for, 4760 53 

Superintendent of Buildings. 

Appointment of by board of education, 7690 98 

Superintendent of Schools. 

Appointment of, 7690, 7702, 7705 98, 103 

Board of education, elected by, 7690, 7702, 7705 98, 103 

City boards of examiners, to give information to, 7841 141 

Compensation of fixed by board of education, 7690 98 

Duties of, 7703 103 

Employment of, 7690, 7702, 7705 98, 103 

Order for pay of, when illegal, 7786 126 

Penalty for failure to enforce temperance instruction law, 7728 108 

Private teacher, is judge of qualifications of, 7763, 7767 117, 119 

Pupils may be excused from attendance by, 7763 117 

Suspension of, by, 7685 96 

Reports required of, 4775, 7784, 7786, 7788 57, 126, 127 

Teacher, may appoint in city districts, 7703 103 

Suspension of, by, 7703 103 

Term of, maximum, 7702, 7705 103 

Truant officer, directions to, by superintendent, 7771, 7773 120. 121 

Report of, to superintendent, 7771 120 

Suspension. 

Director in city districts, may be, 7698 102 

Pupils may be suspended from schools, 7685 96 

Schools may be suspended in subdistricts, when, 7730, 7731 109 

Discontinued in sub-districts, when, 4726 41 

Schools specially endowed, suspension of trustees of, 7989 179 

Teacher may be, by superintendent in city districts, 7703 103 

Swamp Lands. 

Interest upon proceeds of sale of, disposition of. 7577, 7578 66 



INDEX. 



251 



Tax. 



Board of education, regular tax levy, by, 7586, 7587 

Certificate of, to county auditor, 7594 

Maximum levy by, authorized , 7591 

Special levy by, election for, 7628 

Manual training school , tax for, 7722 

Compulsory education law, tax authorized, when, 7738 

Election on question of special levy, 7592, 7593, 7625 

High schools, township districts, tax for, 7668 

Township or joint township high school, election on question 

of levy for , 7669 

Election not necessary, when, 7669 

Maximum levy for all districts , 7591 

Ohio State University , tax for , 7929 

Ohio State University, lands of, on, 7935, 7937, 7938 

Property of board of education, exempt from, 4759 

School property, exempt from taxation, Art. XII, Sec. 2, 4759 

School tax paid by non-residents to be credited on tuition, 7683.... 
Special levy, election on question of, 7625 

Certificate of, to county auditor, 7628 

State school tax , 7575 

Tax levy , maximum for schools , 7591 

Estimate for, certified to county auditor, 7594 

Levy to exceed maximum, must be submitted to vote, 7592 

Universities of municipalities, for, 7908, 7909 



PAGE 

68 

70 

69 

82 

107 

110 

70, 80 

, 92 

92 
92 
69 
167 
168, 169 
52 
8, 52 
96 
80 
82 
65 
69 
70 
70 
162 



Teachers. 

Appointment of, 7691, 7703, 7705 

Certificate granting of, 7807, 7821, 7844 133, 

Branches of study necessary, 7726, 7830, 7832 108, 

Elementary 7830 

Fee required for, 7809, 7818 

High school , 7831 

On diploma, 7825, 7858-1 to 7858-7 137, 

Original or copy must be filed with the clerk "of the board of 
education , 7786 

Prerequisite to employment of, 7786, 4777 

Revocation of, 7808, 7822, 7850 134, 

Special , 7832 

Compensation of, how fixed, 7690 

Dismissal of, 7665, 7701, 7703 • 

For insufficient caus'e. may institute suit, 7708 

Duties of , 7707 

Elementary schools, certificates for, 7830 

Employed as , who may be , 7830-7832 

Epidemic, shall receive pay when schools are closed on account of, 

7690 

Examination of, for certificates, 7817. 7810. 7821-7827, 7829-7832, 

7850 135. 136-137, 138-139, 

High schools in townships, teachers in, 7665 

Certificates for, what required , 7831 

Holidavs. may dismiss schools on, 7687 



100, 103 

136, 142 
138, 139 

138 

134, 136 

139 

145-147 

126 
126, 57 

137, 143 
139 

98 

92, 103 

104 

104 

138 

138-139 

98 

141-143 

92 

139 

97 



252 INDEX. 

Teachers — Concluded. page 

How paid 214 

Institute, may organize, 7859, 7871 148, 150 

Schools may be dismissed for teachers to attend, 7869 150 

Teachers shall receive pay for attendance, 7870 150 

Investigation of, by county examiners, 7827 137 

Janitor work not required of, 7707 104 

Order for pay of, when illegal, 7786 126 

Pension fund. (See pension fund for teachers.) 

Qualifications for employment in schools, 7726, 7830, 7832 108, 138-139 

Report of schools, required by, 7777, 7786, 7784 ..121, 126 

Salary , minimum of , 7595 70 

Clerk authorized to draw warrant for, when 214 

Scientific temperance, must be examined in, 7726 108 

State commissioner of common schools, duties as to, 354, 7858 13. 144 

Suspension of pupils by, 7685 96 

Term of appointment, maximum, 7691, 7705 100, 103 

Teachers' Institute. 

Bond of executive committee, 7863 149 

Forfeiture of bond, 7867 149 

City districts, institutes for, 7871 150 

Funds for, how provided, 7820, 7855, 7872 136, 144, 150 

County auditor to pay to executive committee, 7864 149 

Unexpended balance to be returned to county treasury, 7864... 149 

Organization of , 7859 148 

Purpose of, 7859 .' 148 

Report to state commissioner of common schools, 7865, 7874 149, 151 

Penalty for failure to report , 7866 149 

Scientific temperance, instruction in, required, 7728 103 

Sessions, length of, 7874 151 

State commissioner of common schools, to visit, 354 13 

May hold institute, when, 7868 149 

Teachers may dismiss school to attend, 7869 150 

Shall receive pay for attendance, 7870 150 

Temperance. (See Scientific Temperance.) 

Territory. 

Annexed for school purposes, 4690, 4691 31 

Detached for school purposes, 4680-4683 29-30 

Transfer of, 4692-4694 31-32 

Text Books. 

Adoption of by boards* of education, 7713-7716 106 

Board of education, may appoint agent for sale of, 7715 106 

Failure of publishers to furnish, action taken by board, 7712. . .. 105 

Notice to, of publishers entitled to sell books, 7711 105 

Purchase and sale of, by, 7713-7715 106 

Exchange of, with pupils, 7716 106 

Failure of publishers to furnish, action to be taken by commission, 

7712 105 

Filing of, in office of state school commissioner, 7709 104 

Free school books , 7739 Ill 



INDEX. 253 

Text Books — Concluded. page 

Notice to publishers, 7710 105 

Price of, how fixed, 7710 10 j 

Publishers' price, filing of, 7709 104 

School Book Commission, how constituted, duties, 7710, 7712 105 

Thanksgiving Day. 

Dismissal of schools, on, 7687 07 

Tie Vote. 

Election of member of board of education, tie vote decided by lot, 

5121 61 

Toledo University. 

Provisions applying to, 7915-7922 163-165 

Township Districts. 

Attached territory, assignment of, 4714 39 

Electors in , voting of , 4714 39 

Board of education, election of, 4712, 4713, 4862, 4997, 4998, 5049, 

5120, 5121 • 38, 60, 61 

Meetings of, 4715, 4747 39, 47 

Special meetings, how called, 4751 49 

Membership of, 4712 38 

Organization of, 4747 47 

Payment of teachers, may provide for 211 

Centralization of, 4726, 4727, 7730, 7731 41, 109 

Clerk of, 4747 47 

Commencements, held in, 7742 Ill 

Expenses of, how paid, 7746 112 

Compulsory attendance, in, 7762-7783 

Contingent fund, apportionment to, 7600, 7602 71, 72 

Defined, 4683 30 

Director, election of, 4717 39 

Enumeration taken by, 4722 40 

Powers and duties of, 4722 40 

Forms relating to 199-211 

High schools in, 7663-7672 91-92 

Joint sub-districts abolished , 4723 40 

Attached to township district, 4723 40 

Map of, filed with county auditor, 4724 40 

Map of, 4716 39 

Sub-districts recognized for school attendance, 4716 39 

Discontinued, when, 7730, 7731, 4726, 4727 109, 41 

Number of schools required in, 7646 89 

Schools of, continued same length of time, 7644 87 

Tax levy authorized , maximum , 7591 69 

Teacher, election of, in, 7691, 7705 100, 103 

Territory transferred, how, 4692-4695 31-32 

Treasurer of. (See board of education, treasurer of) 

Tuition, payment of to high school, 7734, 7747 110, 112 

Township Treasurer. (See Treasurer of Board of Education.) 

Board of education, is ex-officio treasurer of, 4763 54 



254 INDEX. 

Township Trustees. page 

Corpse, surrender of by, for dissection, 9984 197 

Relief of indigent children, to secure school attendance, 7777 123 

Vaccination of pupils, duties as to, 7686 97 

Transfer. 

Funds , amount that may be , 5655 80 

Surplus of special tax or loan, 5654 80 

Surplus in established fund , 5655 80 

When may be , 5655 80 

Pupils of, from one district to another, 7734 110 

Assignment of, 7684 96 

When pupil lives more than one and one-half miles from 

school , 7735 110 

Territory from one district to another, 4692-4695 31-32 

Form for 205 

Transportation. 

Centralized townships, of pupils in, 4726, 4727 41 

Special districts , of pupils in , 7732 109 

Sub-districts, of pupils in, 7730, 7731 109 

Traveling Expenses. 

Examiner of school funds , of, 366 16* 

State examiners, of, 7810 134 

Treasurer of Board of Education. 

. Accounts of , how kept , 4778 G6 

Bond of , execution of , 4764 54 

Copy of, to be filed with county auditor, 4766 55 

Funds must be produced and counted, on filing of bond, 4767.. 55 

New bond may be required, 4765 54 

Compensation of , 4781 58 

Disbursements by , 4768 55 

Election of , 4763 54 

Forms relating to 199-211 

Funds, amount treasurer may hold, 4769 55 

Embezzlement by, penalty for, 12878 58 

May receive or pay money, when, 4768 55 

Orders on , how drawn , 4768 55 

Receipt of moneys , by , 7594 , 4768 70 , 55 

School district, treasurer of, how selected, 4763 54 

Settlement with county auditor, 4770 56 

Penalty for failure to make, 4772 56 

Successor, delivery of property to, 4773 56 

Teachers' institute in city districts, funds of, to be paid to county 

treasurer , when . 7873 1 50 

Term of , 4763 54 

Treasurer of County. (See County Treasurer.) 

Trial. 

Blind children, hearing to determine advisability of sending to state 

m rut ion. for 7778 124 



INDEX. 

2 55 
Trial — Concluded. 

Deaf and dumb children hearing to determine advisability of send- '"* 
mg to state institution, for 7778 

pari':;; tr' 6 ^ persons - *™«««*> <^v ™ ]U 

. T ^S2SSK^^ to «--^"ii: 122 

Teacher, trial of, b y school examiners, re£™::;::;;;;;; ";;;;$■ }® 
Truant. 

Forms relating to truancy 

Juvenile disorderly person, truant' is ' ' 7 768 2U 

Penalties, 7774, 12977 120 

Proceedings against, 7773-7775 ' ' 122 

Report of, by principal and teachers ' '7772 12M23 

121 

Truant Officer. 

Complaint by, against child 7774 

Deaf, dumb and blind children, report 'of " 7778 122 

terms relating to duties of.... 124 

Notice to parents, 7773 199-211 

Parent, warning to, by 7773 121 

Penalty, for neglect of duty, 12981-12985 121 

Powers and duties, 7770 7771 125 

Relief of indigent child, report of "7777 120 

Report to, by principals and teachers 7779 123 

' 121 

Trustees. (See Township Trustees.) 

Umversities of municipalities, trustee of property of 7917 

Educational institutions, trustees of, 9922 99 79 164 

Ohio State University, of 7943-79 72 182 - 196 

Schools specially endowed,' trustees of,' ' 7987^994 JI?" 176 

Wilberforce University, of, 7975-7986 179 ~ 181 

176-178 

Tuition. 

Free, when, 7681 

Non-residents, entitled to credit of '<L^'i ", "•', 95 

trict 7683 tax paid within th e dis- 

no 



United States Military District. 

Enumeration of youth in, ' 77.94 

Funds derived from sale of lands 'in, dispo^ion of \ ' i'm, '7580 \ \ 
University. (See Colleges and Universiti 



es.) 



University of Cincinnati. 

Admission to, regulated, 7920 

Bequests, may accept, 7915 " '••• 165 

Degrees, when conferred 7904 " 163 

161 



256 INDEX. 

University of Cincinnati — Concluded. page 

Funds , application of , 7916 163 

Accounts of, how kept, 7918 164 

Site and grounds , 7906 161 

Tax for, how levied, 7908 162 

University of Toledo. (See Toiedo University.) 



V 

Vacancy. 

Board of education in, how filled, 4748 47 

City board of examiners, in, 7839 141 

County board of examiners, how filled, 7814 135 

Director in township districts, how filled, 4720 20 

Educational institutions, in board of trustees, how filled, 9930 184 

Ohio State University, in board of trustees, how filled, 7942 169 

Schools specially endowed, board of trustees of, 7989 179 

State board of examiners, how filled, 7806. . . .' 133 

State commissioner of common schools, in office of, 352 13 

Wilber force University, in board of trustees, 7978 177 

Vaccination. 

Free in certain cases , 7686 97 

Rules in regard to in schools, 7686 97 

Village Districts. 

Abandonment of, 4688 30 

Abolishment of , 4688 30 

Disposal of property in case of, 4689 31 

Advancement to, 4687 30 

Attached territory, assignment of, 4711 , 37 

Electors, voting in, 4711 37 

Board of education, election of, 4708-4711, 4862, 4997, 5032, 5034. 

5039, 5120, 5121 37, 60, 61 

Meetings of, 4747, 4751 47, 49 

Membership of, 4708, 4710 37 

Organization of , 4747 47 

Clerk of, 4747 47 

Compulsory attendance in, 7762-7783 117-125 

Defined, 4681, 4682 29, 30 

Election in newly created village, 4710 37 

Libraries , may be established in , 7642 85 

Tax levy for, maximum , 7591 69 

Transfer of territory, 4692^695 31-32 

Treasurer of. (See treasurer of board of education.) 

Village shall become village district, 4687 30 

Virginia Military District. 

Enumeration of youth in , 7794 129 

Visitors. (See Board of Visitors.) 

mm 

Vouchers. (See Order.) 



INDEX. 257 

W 
Wages. (See Compensation.) page 

Washington's Birthday. 

Dismissal of schools, on, 7687 97 

Week. 

School week, length of, 7689 97 

Wilberforce University. 

Normal and industrial department of, 7975 176 

Admission to, free, of appointee of member of general as- 
sembly, 7985 178 

Appropriation for, 7983, 7986 177, 178 

Board of trustees, appointment of, 7976, 7977, 7979 176, 177 

Expenses of, 7980 177 

Meetings of, 7980 177 

Powers and duties of, 7981 177 

Report of, 7984 154 

Vacancies in, how filled, 7978 177 

Bond of treasurer, 7983 177 

Funds of, 7983 177 

Xon-sectarian department, 7982 177 

Tax levy for, 7986 178 

Woman. 

Registration of, 4940 60 

Vote for school officers, entitled to, 4862 60 



Y 

Year. 

Annual enumeration , 7794 129 

School year, length of, 7689 97 

Time schools must be continued in year, 7644 87 

Yeas and Nays. 

Board of education, yea and nay vote of, must be taken in certain 

cases, 4752 on page 50 amended. See page 214 

Youth. 

Assignment of, to schools, by board of education, 7684 87 

Attendance at school , free , when , 7681 95 

Attendance of, enforced, 7762-7783 117-125 

Enumeration of, 7794-7804 129-131 

Employment of, unlawful, when, 12975 122 

Non-residents, can attend school, under what conditions, 7682, 7683, 

7734, 7735, 7747, 7748 96, 110, 112 



LIBRARY OF CONGRESS 



111 

021 490 330 1 



SCHOOL CALENDAR. 



September 1 — School Year Begins. 

September 1 — Clerk must report to County Auditor not later than. 

September 1 — Treasurer must report to County Auditor not later than. 

September, First Monday — Labor Day. (Legal Holiday.) 

September, First Saturday — Teachers' Examination. 

September 20 — Auditor's abstracts Nos. 1, 2, 3, 4, and 5 must be filed with 
State Commissioner of Common Schools not later than. 

September 20 — Auditor must report condition of Institute Fund not later than. 

October, First Saturday — Teachers' Examination. 

November, First Saturday — Teachers' Examination. 

November, First Tuesday after First Monday in odd numbered years — Elec- 
tion of members of Board of Education. 

November, Thanksgiving Day — Day appointed by President and Governor. 
(Legal Holiday.) 

December, First Saturday — Teachers' Examination. 

December 25 — Christmas Day. (Legal Holiday.) 

January 1 — New Year's Day. (Legal Holiday.) 

January, First Saturday — Teachers' Examination. 

February, First Saturday — Teachers' Examination. 

February 22 — Washington Day. (Legal Holiday.) 

March, First Saturday — Teachers' Examination. 

April, First Saturday — • Teachers' Examination. 

April, Second Monday — Election of director in township sub-districts. 

April, Third Saturday — Pupils' Examination. 

April, Arbor Day — Date fixed by Governor each year. 

May, First Saturday — Teachers' Examination. 

May, Third Saturday — Pupils' Examination. 

May, Two Weeks ending Fourth Saturday of — Enumeration of Youth of 
School Age. 

May 30 — Memorial Day. (Legal Holiday.) 

June, First Saturday — Teachers' Examination. 

June, First Saturday — Clerk should make enumeration return to County 
Auditor. 

July, First Saturday — Teachers' Examination. 

July 4 — Independence Day. (Legal Holiday.) 

July, Third Saturday — Auditor make Enumeration Return to the State Com- 
missioner of Common Schools. 

August, First Saturday — Teachers' Examination. 

August 31 — Clerk of Board of School Examiners must report to Commissioner. 

August 31 — All Clerks and Superintendents who are required by law to re- 
port to County Auditor and State Commissioner of Common Schools 
must do so not later than. 

August 31 — School Year Ends. 



